The truth about DUI convictions in Virginia
by David A. Cardon, Esquire


Dear Mr. Cardon,
In your last article, you discussed the driving under the influence (DUI) breathalyzer test in detail. Can you tell me what can happen if you are convicted with DUI more than once?

The following is a summary of the punishment you can receive under Virginia law if you are convicted with driving while intoxicated:

First Offense - A DUI first offense is a class one misdemeanor. The punishment is loss of your driving license in Virginia for one year, up to a $2500 fine, court costs, and a sentence of up to one year in jail. The judge might issue a restricted driving permit if you agree to take and complete the Alcohol and Safety Program (ASAP). The cost of the ASAP program is between $250 and $300. The scope of the restricted driving permit varies; however, usually it allows driving to, from, and during work, to and from school, ASAP meetings, scheduled medical appointments, and transportation of minor child to and from daycare.

Second Offense when committed less than five years of First Offense - The fine for this conviction ranges from $200 to $2500. The judge must sentence you to jail for a minimum of one month and a maximum of one year. Forty-eight hours of the jail sentence is mandatory and may not be suspended by the court. Your license to drive will be revoked for three years. more>>

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