Being charged with driving under the influence for the second time is a serious offense, and the law treats it harshly. It is critical to work with a seasoned DWI defense attorney familiar with the local prosecutors to resolve the matter as favorably as possible in the circumstances.
Contact an attorney at Parks Zeigler, PLLC for help with a second offense DUI in Chesapeake. Our team will put their knowledge and experience to work to help you minimize the consequences of a second DUI.
The Law on Repeat DUIs
When you are arrested for DUI, and you already have a DUI conviction, you might assume the enhanced penalties for repeat offenders would apply. That is not necessarily the case.
The law only looks back ten years when determining whether someone is a repeat offender. If your first DUI conviction occurred more than ten years before the current arrest, you will be charged and prosecuted as if it were your first DUI, despite the earlier conviction.
Convictions in other jurisdictions count, and if you were convicted in another state within ten years, you will likely be charged and prosecuted as a repeat offender. However, a Chesapeake second-offense DUI attorney can evaluate the statute in the other jurisdiction. If there are substantial and important differences from the Virginia DUI statute, a legal professional could argue that the first conviction is not relevant and should not count as a prior DUI conviction.
Penalties Depend on the Time Since the First Conviction
Like a first-time DUI, a second offense is a misdemeanor charge in Chesapeake. However, because it is a repeat offense, the second offense carries harsher penalties.
According to the Code of Virginia § 18.2-270, the amount of time that elapses between the first conviction and the second is important when a judge imposes a sentence. Penalties are harsher when the prior offense occurred within five years of the second offense.
First Conviction Less Than Five Years Ago
When the second offense occurs within five years of the first, there is a mandatory minimum fine of $500. The jail sentence ranges from one month to one year, and you must serve at least 20 days of the sentence.
Your driver’s license will be suspended for three years. You can apply for a restricted license to drive to school, work, and medical appointments after one year.
First Conviction Between Five and Ten Years Ago
When the first conviction happened more than five years before, the mandatory fine is the same, $500. However, the jail sentence is up to 30 days, and you must serve at least 10 days.
The Department of Motor Vehicles will suspend your license for three years. After four months, you can apply for a restricted license.
Very High Blood Alcohol Concentration (BAC)
The law provides for harsher sentences when your blood alcohol concentration (BAC) was substantially over the legal limit of .08. When your blood alcohol at the time of arrest is more than .15 but less than .20, a judge must add 10 days to the minimum number of days you must spend in jail. When your blood alcohol is over .20, the judge must add 20 days to the minimum mandatory sentence.
Defending a Second DUI
There are many defenses a skilled Chesapeake attorney can raise to defeat a second-time DUI charge. Many effective defenses center around the behavior of the police and the accuracy of their tests.
If the police did not have a reasonable suspicion that you were breaking the law, they should not have stopped your vehicle. A defense attorney can challenge the officers’ accounts of why they stopped you. They can also question whether a field sobriety test was administered properly. If not, the officers may not have had probable cause to arrest you.
Contact a Chesapeake Defense Attorney When Facing a Second DUI Charge
The penalties for a repeat DUI are more severe than for a first offense, and judges have less discretion in the sentence they impose. It is critically important to work with a defense attorney familiar with the practices in the local courts when you face a second offense DUI in Chesapeake.
Reach out to the experienced lawyers at Parks Zeigler, PLLC for help. We provide a vigorous defense to DUI charges. Call as soon as you are charged or arrested.
