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SIMMS SHOWERS LLP Leesburg & Loudoun County Attorney
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Virginia Penalties for Repeat DUI Offenders

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Whenever a person drives under the influence (DUI) in Virginia or elsewhere, that drunk driver poses a severe risk to the health and safety of others. Recognizing this reality, Virginia imposes strict penalties for DUI offenses. Moreover, these penalties escalate sharply for any person who commits multiple DUI crimes.

Jail Time & Fines

As outlined in Code of Virginia Section 18.2-270, any person who commits multiple DUI crimes is subject to a heightened penalty structure. Concerning both incarceration and fines, repeat DUI offenders can expect to face harsh criminal penalties under Virginia law. The specific penalties for repeat offenders are as follows:

  • Second DUI (within 10 years) — Class 1 misdemeanor with a minimum of $500 in fines and 10 days in jail;
  • Third DUI (within 10 years) — Class 6 felony with a minimum of $1,000 in fines and six months in jail; and
  • Fourth or Subsequent DUI (within 10 years) — Class 6 felony with a minimum of $1,000 in fines and one year in jail.

Payment to Trauma Fund

As explained in Code of Virginia Section 18.2-270.01, certain repeat DUI offenders are subject to a mandatory $50 payment to the Trauma Center Fund. This fund exists to mitigate the state costs of providing emergency services to DUI victims.

If a person commits any of the following offenses multiple times — or any combination of these offenses — then a payment to the Trauma Center Fund is required:

  • Driving while intoxicated or under the influence(Code of Virginia Section 18.2-266);
  • Underage driving while intoxicated (Code of Virginia Section 18.2-266.1);
  • Driving a commercial vehicle while intoxicated (Code of Virginia Section 46.2-341.24);
  • Involuntary manslaughter (Code of Virginia Section 18.2-36.1);
  • Maiming another person during DUI (Code of Virginia Section 18.2-51.4); or
  • Any substantially similar laws existing in other U.S. states.

Driver’s License Revocation

As highlighted in Code of Virginia Section 18.2-271, any person who commits a single DUI offense will face driver’s license revocation. Furthermore, repeat DUI offenders generally experience a much longer revocation period.

In exact terms, the driver’s license revocation periods for repeat DUI offenders are as follows:

  • Second Offense — Upon conviction, the offender may have their driver’s license revoked for up to three years; and
  • Third or Subsequent Offense — Upon conviction, the offender may have their driver’s license revoked indefinitely.

It is important to note that the revocation periods above operate in addition to any other driver’s license suspension or revocation required by law. This means that driver’s license suspension or revocation periods can stack up instead of cancel out.

Let Us Help You Today

If you need legal help with DUI or other criminal offenses in Virginia, it is wise to reach out to an experienced DUI and DWI attorney. The attorneys at Simms Showers, LLP, servicing Leesburg, Winchester, Fairfax, and Manassas, have built many years of combined legal experience in matters of criminal defense, including DUI and related charges. If you have legal questions about criminal defense, contact us today for a free initial consultation.

https://www.simmsshowerslaw.com/virginia-drunk-driver-faces-involuntary-manslaughter-charges/

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Simms Showers LLP is conveniently located two blocks from the Loudoun County Courthouse. Our criminal defense firm offers a free phone consultation for criminal or personal injury cases. Se habla español. Call Simms Showers LLP for quality legal counsel today at 703-997-7821 or contact us online.

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