Being charged with a 2nd DUI in Virginia can be quite a terrifying experience, particularly because you might face heavier penalties and a more confrontational legal system than the first time. Therefore, if you have been charged with DUI for the second time, we encourage you to contact an attorney for consultation services.
A second DUI charge has serious repercussions, including huge penalties and the loss of your license, and may affect your professional appeal and social standing. Luckily, a Virginia DUI lawyer can find legal avenues to preserve your freedom and driving rights.
The investigation for DUI starts the moment the officer notices your car. It follows through as the officer pulls you over and starts to talk to you. At this point, your demeanor, how you speak, and your smell are all critical areas of interest for the officer’s investigation.
All this information can be used as evidence against you during trial proceedings in a second DUI case. In addition, the results of a breath test and field sobriety tests assist the officer in gauging if they should arrest someone or ask them to get off the road if they are impaired.
However, not all cases are as clear-cut as some people imagine. The officer may be doing their professional duty, but there may be legal gaps in their investigation that are exploited to help you put up a good defense. An experienced DUI attorney is the best bet to help you ascertain if the law and proper procedures were adhered to during the arrest.
The Virginia state legal code § 18.2-266 states that DUI occurs when one operates a vehicle while under the influence. According to standards in Virginia, one is considered intoxicated and will be charged with a DUI “per se” if tested and found to have a blood alcohol content (BAC) of 0.08 or more. If it is the second time you are charged with DUI in Virginia, the penalties will be harsher than those for which you were charged the first time.
A second DUI charge in Virginia comes in two separate penalty categories. If you receive a second DUI charge within five years of the last DUI, you are likely to face the following:
If you receive a second DUI charge within ten years of the last DUI, you are likely to face the following:
If the blood alcohol content is between .08 and.14,
If the blood alcohol content is between .15 and.20,
If the blood alcohol content is beyond .20
The jail terms above are expressed as mandatory minimums, meaning that if you are convicted, you will have to remain behind bars for at least the time stated. Moreover, you can be fined up to $500 and have your driver’s license suspended for three years.
Handling a second DUI in Virginia can be quite lonely and disheartening for almost anyone. However, you do not have to feel like the legal system is out to get you. We understand the impending penalties of a second DUI offense are far harsher, but hiring an experienced DUI attorney is the safest way to a good defense.
The DUI lawyer assists the client with court-linked preparation and paperwork. Your lawyer can be there for you in court if you are based in a different state and cannot attend the hearings. Also, in case your license is suspended, you can hire a lawyer to begin the requisite processes to have it restored and allow you to continue with your daily life.
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We recommend you call Bississo Law today and avoid handling the court process alone.
