How a Prior DUI Affects You

Prior DUI convictions are always admissible for sentencing purposes, unless those prior convictions are expunged. A prior DUI conviction, no matter how old, gives prosecutors an edge during the plea negotiations that resolve most criminal cases. A prior criminal record is one of the primary factors in sentencing hearings. More importantly for purposes of this post, a prior DUI could be relevant for charging purposes. So, in many cases, a forgotten DUI conviction rears its ugly head at the worst possible time.

A prior DUI usually doesn’t affect the way a Leesburg criminal defense lawyer approaches these matters. In terms of criminal defenses, a first DUI is identical to a subsequent DUI. The same procedural, substantive, and affirmative defenses are available. In one way or another, these defenses all hinge on the presumption of innocence that protects every defendant who sets foot in a Loudon County criminal courthouse.

Definition of a Prior DUI in Virginia

Quite simply, a prior DUI in Virginia refers to any previous conviction for driving under the influence of alcohol or drugs. The prior DUI need not be factually similar, in terms of items like chemical tests, to the current case.

Virginia is one of the few states that allows prosecutors to use DUI offenses from other states as prior convictions for charge enhancement purposes, if the laws of that state are substantially similar to Virginia’s DUI laws. More on that below.

Look-Back Periods

Virginia primarily uses five-year and ten-year look-back periods. An additional infraction within the five-year lookback period is bad news indeed. Additional mandatory penalties apply, such as a longer mandatory minimum jail sentence, longer drivers’ license suspension period, higher fines, and mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP).

Subsequent infractions within the ten-year lookback period have roughly the same enhanced penalties as well. However, many of these enhancements are discretionary as opposed to mandatory.

Significantly, in Virginia, these look-back periods are calculated from conviction date to conviction date, not from the date of arrest.

A third DUI offense is a felony in Virginia. A third conviction within ten years means a mandatory minimum prison sentence, indefinite license revocation, and significant fines. If the third offense occurs within five years, the mandatory prison time is even longer.

We should mention that suspended drivers’ licenses don’t magically become valid after the suspension period ends. Until these drivers provide proof of insurance, pay reinstatement fees, and jump through some other hoops, their licenses remain suspended.

Felony DUI convictions carry lifelong consequences beyond incarceration, including the loss of civil rights and difficulty finding employment. After the fact, a Leesburg criminal defense lawyer can often alleviate these consequences.

Subsequent DUI Defenses

The state has the burden of proof on every point, including proof of a prior conviction. If the prior conviction occurred in Loudon County, this element is relatively easy to establish.

Out-of-county DUIs are harder to prove. Usually, the state must have a certified copy of the conviction from the other jurisdiction. Typically, county clerks in other jurisdictions are in no hurry to process and provide this paperwork. So, the critical document may be unavailable at the time of trial.

Out-of-state DUIs have additional issues. In addition to paperwork problems, many states have different DUI laws from Virginia. For example, OUI (operating under the influence), which is basically a lesser-included DUI offense, is illegal in many states. OUIs aren’t DUIs.

Connect With a Diligent 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. Virtual, home, and after-hours visits are available.

Source:

pewresearch.org/short-reads/2019/06/11/only-2-of-federal-criminal-defendants-go-to-trial-and-most-who-do-are-found-guilty/