Richmond Second DUI Offense
Second offense DUI charges are heard in the general district courts in the John Marshal Courts building or the Manchester Courts Building. This will depend on where the DUI charge was occurred, whether it was in the southern part of the city, which is considered Manchester, or the rest of the city, which would be the John Marshall courts building.
What are the penalties for second offense DUI? Does the amount of time between DUIs matter?
Second offense DUI penalties are much harsher than a first offense. The time frame between DUIs plays a significant role in how severe your penalty is. If the second offense is within five years, the charge comes with:
- A minimum mandatory jail sentence of 20 days
- A three-year revocation of your license
- A requirement to complete VASAP
With a second offense within five years, you can petition to get a restricted license but you have to wait a year to do this. Upon receiving a restricted license you are required to have an ignition interlock device installed on your vehicle for the remainder of your restricted license period, which would be two additional years.
If it’s a second offense within ten years, the penalties are:
- A 10-day minimum mandatory sentence
- A three-year revocation of your license
However, you are allowed to petition for a restricted license after four months. This charge would also require installation of an ignition interlock for the duration of your restricted license.
Richmond 2nd DUI Lawyers Can Build a Defense
The basic review of a DUI case doesn’t differ as much between the first and second offense. We’re still looking for the primary issues regarding if the probable cause for the stop was valid and if the implied consent requirements were followed.
In addition, we are looking to see if the officer conducted the tests correctly and was the blood alcohol test conducted in accordance to the proper procedures. We will also check to see if the first offense was properly recorded to use to elevate the current charge.
Common Myths For Second DUI in Richmond
#1 Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) Are Different Things
You may have heard the terms driving under the influence and driving while intoxicated. Driving while intoxicated and driving under the influence are actually the same thing in Virginia. They merged years ago so that now in Virginia, you can only be charged with just simply driving under the influence or DUI.
#2 You Need to blow a .08 BAC to get charged
You do not need to blow a .08 blood alcohol level to be charged in Virginia; however that is the standard that’s usually used for the presumption. In Virginia, if your blood alcohol measures between .05 or less, it’s presumed that you’re not under the influence, however, if you’re driving or behavior are indicative of someone that is impaired you can be charged.
If it is .08 or higher, then under Virginia law you’re presumed to be under the influence of alcohol and for purposes of the law over the legal limit.
