Second Time DUI Charges in Henrico County
If you have been accused of a second offense DUI it is imperative you consult with a Henrico County DUI lawyer as soon as possible, as you are likely facing enhanced penalties. To learn more about second offense DUI charges or to begin building your defense call and schedule a consultation today.
Where Are Second Offense DUI Charges Heard?
Second offense DUI charges are heard in Henrico General District Court. The courts are located out in the central area. The general district court is on the first floor of the court’s building and there’re four general district courts to hear DUI second offenses.
How Do Prosecutors Handle Second Offense DUI Charges?
Henrico County prosecutors pursue and punish second offense DUI cases very harshly. In most cases the prosecutors are less likely to negotiate or make a deal on a second offense DUI charge and they will seek punishments above the minimum mandatory sentences. The only way to try and combat a second offense is to develop a strong legal strategy and strong mitigating factors.
What Are The Penalties For A Second Offense DUI in Henrico County?
The penalties on a second offense DUI can be very harsh. Again a second offense DUI is a class 1 misdemeanor just like the first however the second offense DUI comes with minimum mandatory sentencing that are much greater than the first offense.
For instance if it’s a second offense within five years, it comes with 20 days minimum mandatory jail which means you serve 20 days no matter what. It comes with a three year loss of license, a $500 fine and you’re not eligible for a restricted license until one year so there is a revocation for at least one year. If it’s a second offense within 10 years, there is a 10 day minimum mandatory sentence, a three year loss of license, a $500 fine and you cannot apply for a restricted license for at least four months. With all these charges there is the requirement for VASAP as well as the ignition interlock device.
Does The Amount of Time Between DUI Charges Matter?
The amount of time of your convictions on a second offense can greatly impact the case. If the second offense is within five years, the penalties are very harsh. If it’s a second offense within 10 years, the penalties are still harsh just not as extreme. In addition, with a second offense within five years, the prosecutors are going to seek and judges will impose a punishment above and beyond the minimum mandatory requirement.
Can You Get a Restricted License After a Second Offense DUI?
You can obtain a restricted license on a second offense, however this will depend on the timing of the offenses. If it’s a second offense within five years, you cannot get a restricted license for at least one year. If it’s a second offense within 10 years, you have to wait at least four months to get a restricted license.
If you’re not convicted of a DUI or the DUI is dismissed, you would get your license back immediately. You’d be able to drive with no restrictions.