Third-Time DUI in Charlottesville

Although a first or second driving under the influence (DUI) violation is a misdemeanor, a third DUI charge within 10 years of the first and second is considered a felony. On conviction, consequences include mandatory jail time, the loss of your driving privileges, and a permanent criminal record that may impact many aspects of your life.

Because of this, it is crucial to consult an experienced DUI defense attorney after a third-time DUI in Charlottesville. Start protecting your future now by calling La Fratta Law. Attorney Michael La Fratta dedicates his practice to helping people just like you, beginning with a free consultation.

Why Does the Law Treat a Third DUI More Harshly?

While both a first and second DUI are misdemeanors, a third DUI within 10 years is a Class 6 Felony under Virginia Code § 18.2-270. Mandatory jail time and fines come with this offense, and if you are job or apartment hunting, prospective employers and landlords can retrieve your felony record. Upon conviction, you risk losing a professional license, forfeiting voting rights, and losing the ability to own a firearm. You will also have your driver’s license revoked indefinitely.

These harsh penalties for a third-time impaired driving charge in Charlottesville are compounded by the emotional challenges your family may experience. Each case involves distinct circumstances that warrant intervention by an experienced defense lawyer who knows what to do to help you.

Mandatory Fines and Jail Time

The amount of jail time you will serve for a third-time intoxicated driving offense in Charlottesville depends on how closely the three convictions occurred. If they happened within 10 years, the mandatory minimum sentence is 90 days’ imprisonment. If they occurred within five years of each other, jail time increases to a mandatory minimum of six months.

These are minimum sentences and not definitive ones, as conviction on a Class 6 felony can result in a prison sentence of up to five years. Courts can also impose a one-year sentence and a fine of up to $2,500, although the mandatory minimum fine for a third DUI is $1,000.

Losing Your Driver’s License and Getting It Back

After a first or second DUI, you can apply for a restricted license so that you may drive to work, church, and medical appointments, as well as transport your children to school. This does not apply to a third-time conviction within 10 years. The court will revoke your license immediately and will not allow you to drive for at least three years. You may return to driving only after you petition the circuit court and convince a judge you are worthy. The three-year wait period leads to a restricted license. You are ineligible for full privileges for five years following your conviction, and you must comply with several conditions imposed by the court.

Your restricted license comes with an ignition interlock device that monitors your blood alcohol content before you can start the engine. You must also participate in the Virginia Alcohol Safety Action Program, which will notify the courts if you do not comply. A Charlottesville third-time DUI attorney could help you petition for full restoration of your license after five years of compliance.

Contact a Charlottesville Lawyer for Help After a Third-Time DUI

A third-time DUI in Charlottesville carries various consequences, including significantly higher auto insurance premiums. La Fratta Law could help you understand the system, guide you through the necessary steps, and negotiate on your behalf. Michael La Fratta is building a reputation for his exemplary work as a traffic lawyer of the area. Reach out today for a free case assessment.