Second Offense DUI

While a single DUI conviction can wreak havoc on your life, the consequences of a second offense DUI dwarf those for a first-time DUI conviction. Depending on when you were last convicted of a DUI and what your blood alcohol content was for your most recent arrest, you’ll face a mandatory 20 days in jail. However, just because you’ve been charged with a second offense DUI in Virginia doesn’t mean you’ll be found guilty. It’s up to the prosecution to prove you guilty beyond a reasonable doubt—if they can. And this is where the dedicated Fairfax DUI defense attorneys at Robinson Law, PLLC, come in. At Robinson Law, PLL, we have decades of experience aggressively defending the rights and freedom of clients charged with multiple DUI offenses.

A second offense DUI is a Class 1 misdemeanor. While this is the same grade as a first-time DUI, the punishments for a second DUI conviction are much harsher. However, the seriousness of a 2nd offense DUI depends on several factors, including:

• When you were last convicted of a DUI offense,
• Your blood-alcohol content, and
• Whether your case raises any aggravating circumstances.

For example, one of the main determining factors in how serious a second DUI offense is how long ago your last DUI conviction was.

If your prior DUI conviction was within the past five years:

• A minimum of 20 days in jail (and up to a year in jail);
• A fine of at least $500; and
• Three-year driver’s license revocation.

If your first DUI was between five and ten years ago:

• A minimum of 10 days in jail (and up to a year in jail);
• A fine of at least $500; and
• Three-year driver’s license revocation.

For alcohol DUIs, the punishment also depends on what your blood alcohol content was at the time of your arrest. For example, if your BAC was over. 15, you’ll be subject to an additional ten days in jail, and if your BAC was over .20, then you’ll be subject to an additional 20 days in jail.

Finally, certain facts can turn any DUI into an aggravated DUI. For example, if you are arrested for a DUI while transporting someone 17 or younger, you’ll face an additional fine of up to $1,000 and a mandatory five days in jail.

If you’ve been charged with a DUI, it’s important to remember that the burden is on the prosecution to prove its case and that these charges can be beaten. Some of the most common defenses to DUI charges include:

• Police officers lacked probable cause or reasonable suspicion to pull a driver over;
• Police officers lacked legal justification to demand a driver submit to chemical testing;
• A lack of evidence of intoxication;
• A lack of evidence of impaired driving; or
• Problems with how chemical test results were obtained or handled.

While identifying the best DUI defense is always important, it’s crucial for those who face a second offense DUI.

If you have a prior DUI and were recently arrested for a second DUI offense, your next call should be to Robinson Law, PLLC. At Robinson Law, our dedicated Fairfax County criminal defense attorneys have a long history of helping good people charged with serious crimes. We understand that having any criminal case hand over your head creates unnecessary and unwanted stress, and we will do everything possible to ensure your case ends with the best result possible. To learn more and to schedule a free consultation today, call (703) 844-3746. You can also connect with us through our online contact form. We proudly represent clients in Fairfax, Loudon, Stafford, and Suffolk counties, as well as throughout Northern Virginia.