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The judge has the power to issue a restricted driving permit after four months of revocation if you (1) were convicted of the first dui over five years earlier, (2) install an ignition interlock system in your car, and (3) complete the alcohol education and intervention component of an alcohol safety action program. If your 1st DUI was within five years of your second, you are not eligible for a restricted permit for one year after the second conviction.

Second Offense committed between five and ten years of First Offense - The fine ranges between $200 and $2500. The judge must sentence you to jail for a minimum of one month and a maximum of one year. The judge has the power to suspend all of the jail time imposed. Your license to drive shall be revoked for three years. The judge has the power to issue a restricted driving permit after four months of revocation if you (1) install an ignition interlock system in your car, and (2) complete the alcohol education and intervention component of an alcohol safety action program.

Third or Subsequent Offense within ten years of prior offense - The punishment is a Class 6 felony which carries a jail sentence between one and five years, and/or up to a $2500 fine. Your license to drive shall be revoked indefinitely.
Fourth or Subsequent Offense within ten years of prior offense - The sentence shall include a mandatory minimum term of imprisonment of one year, none of which may be suspended in whole or in part.

If, for any of the above convictions, you where driving drunk while a child seventeen years old or younger was in the vehicle with you, you will be fined an additional $500 to $1000 and be sentenced to perform forty hours of community service. If you are convicted a subsequent time, you must complete eighty hours of community service.

DISCLAIMER: David A. Cardon is an attorney at the Virginia Beach office of Cardon and Goodman, P.C. who concentrates his legal practice in traffic, criminal, and personal injury law. Mr. Cardon provides the materials contained above as a public service and on an informational basis only. These materials are not intended to be a comprehensive statement of Virginia law, and are not intended to convey legal advice. If you have a legal problem, you should consult with an attorney in your area who can investigate the particular circumstances of your situation. You can contact David Cardon, Esquire at (757) 306-9060 or dcardon@cglawfirm.net.

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