Second DUI in Virginia Beach
Fight a Repeat DUI Charge in Virginia Beach – Call (757) 517-2942
If you have already been arrested once for a DUI, you must understand that a second-time offense is associated with harsher penalties. In this case, it’s imperative to obtain experienced and skilled legal representation from a qualified Virginia Beach DUI attorney.
At The Law Offices of Daniel J. Miller, our skilled lawyers share over 20 years of experience helping our clients obtain the justice they deserve. We can investigate your case and see if any mistakes were made by the arresting officer in order to develop an aggressive and customized defense strategy for your case.
What Are the Penalties for a Second DUI in VA?
If you have been arrested for a DUI for the second time in 10 years in Virginia, then it is considered a class one misdemeanor, punishable by a jail sentence of up to a year, with a mandatory minimum sentence of 10 days. You must also pay a mandatory fine of $500. Your driver’s license may be suspended for three years.
However, if your BAC is greater than .15, but less .20, then you must serve an additional mandatory jail sentence of 10 days and pay a mandatory fine of $1,000. If you BAC is greater than .20, then you must serve an additional mandatory jail sentence of 20 days and pay a mandatory fine of $1,000.
Second DUI in 5 Years
If you have been arrested for a DUI for the second time in five years, it is still considered a class one misdemeanor. The only difference is that the mandatory minimum jail sentence is 20 days instead of 10. If the BAC is greater than .15 but less than .20, an additional ten days is added to the mandatory minimum sentence; if the BAC is .20 or greater, the additional mandatory jail sentence is 20 days.
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Having an experienced attorney on your side can help you get the results you want. From beginning to end, we will be there throughout every step of the legal process.
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Driving Under the Influence 4th Offense– Bond Hearing DUI
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
Driving Under the Influence DUI
Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.
Driving Under the Influence DUI
Our client was charged with driving under the influence after a concerned citizen called the police to report unusual driving behaviors. Even though the behavior was odd, it did not amount to criminal activity. The charge was dismissed on a motion to strike.
Driving Under the Influence 3rd Offense DUI
Our client plead not guilty to a felony count of driving under the influence third offense. Based upon a totality of the circumstances, the failure to prove circumstantially that our client was impaired by the use of alcohol as alleged the charge was reduced to reckless driving with a $250 fine.
ASAP Violation DUI
Our client was charged with violating the terms of ASAP by failing to complete all the required classes. Our client had moved out of state and had completed some classes but not at the direction of her ASAP advisor. The court found that based upon evidence provided and argument presented that our client had substantially complied and the charge was dismissed.
No Time Served Suspended License
Our client driving on a suspended license, this was his 5th offense.
All Charges Dismissed Suspended License
Our client was charged with driving on a suspended license.
Reduced to Standard DUI Offense Driving Under the Influence
Our client was charged with driving under the influence 2nd offense with a blood alcohol content of .23 which carried a mandatory minimum amount of thirty days in jail and an assault and battery of a law enforcement officer which carries a mandatory minimum of 6 months in jail.
Case Dismissed Driving Under the Influence
Our client was charged with driving under the influence second offense - accident with a blood alcohol content of .18.
Case Dismissed Boating Under the Influence
Our client was charged with boating under the influence when his Jet Ski was apprehended based upon beach life guard's phone call.