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Enhanced Penalties and Aggravating Factors in Loudoun DUI Cases

The following are frequently asked questions regarding enhanced penalties and aggravating factors in Loudoun DUI cases. To learn more or discuss your case schedule a consultation with a Loudoun DUI lawyer today.

What Are The Penalties For a Second and Third Offense DUI?

A second offense DUI is also a class 1 misdemeanor, however, depending on the time period in which the DUI occurs, it may entail mandatory periods of incarceration. For a second offense within five years, there are very serious penalties.

If convicted, you face a mandatory minimum fine of $500, a jail sentence of one month, twenty days of which is a mandatory minimum.  For a second offense within ten years, there is the same higher mandatory minimum fine and the jail sentence must be at least one month,  10 days of which is the mandatory minimum period of incarceration.

In addition, if you have an elevated BAC, you may face more mandatory time. There is also a license suspension in play and limitations on your privilege to receive a restricted license. If convicted of a second offense, you lose your driver’s license for 3 years and you may not be immediately eligible for a restricted license.

Moreover, for any second offense you’ll be required to have an ignition interlock on your vehicle for the entire period of your restricted license.

Third offense DUIs are felony offenses. For a third offense DUI that occurs within five years of your prior DUI, it is a class 6 felony offense and additionally has a mandatory period of incarceration for six months.

A third offense within ten years is also a class 6 felony offense and carries with it a mandatory minimum period of incarceration for 90 days.  This is in addition to a high mandatory fine and indefinite loss of driving privileges.

Are There Any Enhanced Penalties or Aggravating Factors?

An aggravating factor that may enhance your period of mandatory minimum incarceration is when the BAC level as recorded on the EC/IR2 device or by blood test is above certain limits. In Virginia, there are two thresholds for enhanced DUIs. Those are a breath test above 0.15 but less than 0.20 or having a breath test above 0.20. When those thresholds are met there are enhanced penalties that apply whether it is your first offense, second offense, or third offense.

Additionally, if you’re charged with a DUI offense with a minor in the vehicle, the days of mandatory period of incarceration may increase in addition to other penalties. Other penalties may include the felony charge of reckless child endangerment or other offenses such as contributing to the delinquency of a minor.  The most common enhanced penalty involving minors is found at Code Section 18.2-270(D) for having a minor in the car while committing DUI.  It adds an additional high fine and five days of mandatory incarceration.

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