Multiple DUI Defense Attorney in Richmond, VA

Multiple DUI

Being convicted of driving under the influence one time can have a significant impact on your life. If you’re facing a second, or third DUI charge after a prior conviction, you’re potentially looking at even more severe consequences if you’re found guilty.

Additional DUI convictions carry additional fines, more jail time, and other penalties for each offense. And if you’re convicted enough within a short enough time frame, there are even more penalties you could face as a repeat offender.

If you’re facing another DUI charge after a previous conviction, you need help from a Richmond multiple DUI defense attorney right away. Attorney Samantha Upton at Upton Law, PLLC focuses exclusively on criminal defense cases, giving her in-depth knowledge and experience in these matters.

Samantha knows how important these cases are to her clients. She’s prepared to aggressively uphold your rights if you choose her to represent you. Get a confidential consultation today by calling Upton Law’s office in Richmond or by visiting the firm’s contact page.

Virginia Repeat Offender DUI Laws

Strictly speaking, Virginia’s laws against driving after consuming alcohol do not refer to driving under the influence or DUI. Instead, the official term is “driving while intoxicated” (DWI), though many people still say DUI refers to driving while intoxicated.

A second conviction for driving while intoxicated within 10 years of a prior conviction is a Class 1 misdemeanor. The potential fine for a second DUI conviction starts at $500. Depending on the length of time between the first and second offenses, there may be a minimum amount of jail time required after a second conviction.

Being found with an exceptionally high blood-alcohol content (BAC) level can also result in additional jail time. On top of jail time and fines, there are potential administrative penalties for a second DUI conviction, including losing your driver’s license for at least three years.

A third or additional conviction for driving while intoxicated within 10 years is a Class 6 felony under Virginia law. Depending on the length of time between convictions, people found guilty of a third or subsequent DUI charge may face a minimum of 90 days to six months in jail. The fines are also much steeper for felony DUI convictions, starting at $1,000 and often rising quickly from there. Lastly, a third conviction for DUI can result in the permanent revocation of your driver’s license.

It’s rare for individuals to face the fourth charge of DUI since they’ve generally had their licenses permanently revoked by that point, but it can happen. A fourth or subsequent conviction for driving while intoxicated carries a mandatory jail term of one year, along with fines and other penalties.

The Core DUI Statute in Virginia

According to the Virginia Department of Motor Vehicles (DMV), any person operating a motor vehicle, boat, or watercraft in Virginia with a blood alcohol content (BAC) of 0.08 percent or higher is considered legally under the influence. If your ability to operate the vehicle is impaired, you could still be considered legally under the influence in certain circumstances, even if your BAC is below the limit.

All drivers have given “implied consent” to a breath or blood test upon arrest when operating a vehicle on Virginia highways. This means that the court will be required to suspend your drivers’ license for one year if you refuse a breath or blood test. A second refusal would result in a three-year suspension and is considered a Class 1 misdemeanor.

Penalties for Multiple DUI Convictions

The penalties for multiple DUI convictions in Virginia can vary greatly, depending on the length of time between convictions, your BAC level at the time of a repeat offense, whether it’s a second or subsequent conviction, and so on.

Here’s a basic outline of how the penalties scale with additional convictions:

  • Second conviction for driving while intoxicated within five years to 10 years:
    • Minimum of 10 days in jail
    • Minimum of $500 in fines
  • Second conviction for driving while intoxicated within five years:
    • Minimum of 20 days in jail
    • Minimum of $500 in fines
  • Third conviction for driving while intoxicated within five to 10 years:
    • Minimum of 90 days in jail
    • Minimum of $1,000 in fines
    • Permanent revocation of your driver’s license
  • Third conviction for driving while intoxicated within five years:
    • Minimum of six months in jail
    • Minimum of $1,000 in fines
    • Permanent revocation of your driver’s license
  • A fourth or subsequent conviction for driving while intoxicated within 10 years:
    • Minimum of one year in jail
    • Minimum of $1,000 in fines
    • Permanent revocation of your driver’s license

How a Defense Lawyer Can Help You

If you want to avoid the worst possible outcome for a repeat DUI conviction, you’ll need help from a DUI defense attorney. Upton Law, PLLC knows how serious a DUI conviction can be, and the firm’s attorney is prepared to defend your rights vigorously.

If any evidence was obtained illegally or looks suspect, attorney Samantha Upton may be able to have the charges against you dropped. . She can also identify mitigating factors in your case that might help you plead down to a lesser charge. Finally, she’ll be there at all your court proceedings to guide you through the process and provide the advice you need.

There’s no time to wait if you’re facing a repeat DUI conviction. Call a Richmond multiple DUI defense lawyer today or visit the firm’s contact page to get a confidential consultation.

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