What’s the Difference Between a First and Second DUI?
At first blush, there’s little difference between a first and second DUI. Both offenses are misdemeanors, although the second DUI is a more serious crime. But a closer look reveals many differences between a first and second DUI. Virginia law includes several mandatory minimums in second DUI cases. More on that below. Additionally, courts informally presume that subsequent offenders are problem drinkers. Therefore, secondary penalties are enhanced. More on that below as well.
For a Leesburg criminal defense lawyer, the same procedural and substantive defenses are available in first and second DUI. Procedural defenses include illegal stops, usually profiling stops, and unauthorized DUI checkpoints. Substantive defenses include holes in the FSTs (field sobriety tests), such as the walk-and-turn, as well as issues with breath, blood, and other chemical test results.
Primary Consequences
The aforementioned mandatory minimums in a second DUI apply if the prior offense was less than five years old. Mandatory minimums in these cases include a mandatory minimum fine of $500 and at least twenty days in jail. A prior offense between five and ten years old also means a mandatory minimum $500 fine and mandatory minimum jail term (ten days).
The five-year lookback period is much shorter than the lookback periods in other states. Furthermore, Virginia law calculates lookback periods differently, making it easier for prosecutors to enhance sentences with prior convictions.
Proving that prior conviction could be an issue, especially if the defendant was convicted of DUI in another state. Many states punish drivers for OUI (operating under the influence) or “less safe” DUI. These similar infractions are not technically DUIs.
Additionally prosecutors typically need a certified copy of the prior conviction record. County clerks in different counties are usually in no hurry to produce these records for prosecutors in other jurisdictions.
Secondary Consequences
Driving restrictions may be the best example of secondary DUI consequences. Frequently, a Leesburg criminal defense lawyer can limit or eliminate these restrictions in first DUI matters. But the axe usually falls in second DUI cases, and it usually falls hard.
Drivers’ license suspension periods are much longer in a second DUI. Usually, these suspensions include a “hard” suspension. An occupational or limited drivers’ license is usually unavailable in a second DUI for at least part of the suspension period.
Incidentally, suspended licenses don’t instantly become valid when suspension periods end. Drivers must jump through a few hoops, such as paying reinstatement fees and furnishing proof of insurance.
Additionally, in most counties, IIDs (ignition interlock devices) are mandatory during most drivers’ license suspension periods. A ‘blow-and-go” is very embarrassing. Everyone who gets in the vehicle knows the driver has alcohol-related legal issues.
We cannot forget auto insurance rates. A second DUI, especially within the five-year window, could mean a long term SR-22 requirement. SR-22 rates are usually at least three times higher than other forms of auto insurance.
The secondary consequences also include non-driving consequences. For example, many employers believe that people with two DUIs are unreliable “drunks.”
Connect With a Tough-Minded Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.
Source:
law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/
