dui conviciton

How Prior DUI Convictions Affect Your Case in Virginia

Multiple driving under the influence (DUI) convictions can lead to very serious penalties in your case. After your first DUI conviction, you learned how serious even those penalties can be. You may have dealt with fines or even jail time. 

As you collect new offenses, the charges become more serious. Fines get higher and the likelihood that you will serve jail time increases. 

Our Manassas DUI lawyers know just how serious it is when you have prior DUI convictions. We explain how they can affect your current case and what you can do about it. Just because you are charged with this new offense does not mean you are guilty. There may be defenses that can help you avoid or reduce the charges against you. 

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First-Time DUI Conviction Penalties

To understand the impact multiple convictions have, it is crucial to know the penalties for a first-time offense as well. In your first offense, you faced the following potential penalties:

  • Mandatory minimum fine of $250
  • Maximum possible fine of $2,500
  • Up to 1 year in jail
  • If blood alcohol content (BAC) is .15 or greater but .20 or less, 5 days in jail
  • If BAC is greater than .20, 10 days in jail
  • A 7-day administrative license suspension
  • Ignition interlock device required for your vehicle
  • 12 month license suspension by the court

What you were actually sentenced to if convicted will differ based on your individual circumstances. Consult with your attorney about your first offense to help prepare for your current case.

Second DUI Conviction With 5 Years


If this is your second DUI charge within a 5-year period, you face heightened potential penalties. These include all of the following:

  • Mandatory minimum fine of $500
  • Maximum possible fine of $2,500
  • Minimum mandatory jail sentence of 20 days, or up to 1 year
  • Additional 10 days in jail if BAC is .15 or greater
  • Additional 20 days in jail if BAC is greater than .20
  • Ignition interlock required for between 6 months and 3 years
  • License suspension for 3 years by DMV
  • Restricted license available after 1 year

If your second DUI is over 5 years but within 10 years of your first conviction, the penalties will differ slightly. Your attorney can help you understand what you face.

Third DUI Within 5 Years

A third DUI within a five-year period is a Class 6 felony conviction. The penalties become much more serious in these cases. The penalties you may face include:

  • 1 to 5 years in prison, or up to 1 year in jail plus a $2,500 fine
  • Minimum of 6 months in jail
  • $1,000 mandatory minimum fine
  • Driver’s license is suspended indefinitely but you may apply for a restricted license after three years or restoration after five years
  • Possible forfeiture of your vehicle
  • License suspension by DMV for 3 years

How Prior DUI Convictions Affect Administrative Suspension

Multiple DUI convictions will also increase the administrative sanctions you face under Virginia Code § 46.2-391.2. These include:

  • First DUI: 7 day driver’s license suspension
  • Second DUI: 60 day driver’s license suspension, or until trial occurs, whichever is sooner
  • Third DUI: Driver’s license is suspended until the trial occurs
  • The driver must attend a Virginia Alcohol Safety Action Program (VASAP) course in order to apply for a restricted license
  • The driver must enroll with VASAP within 15 days of the date they are convicted

Pursue Help With Your New DUI Case in Virginia

Prior convictions can have a significant impact on your new case. You can still fight back against your current charges with all of the available defenses. Speak to your attorney about what may happen if convicted of your new charge. 

The Virginia criminal defense lawyers from Battlefield Law Group PLLC know what you are dealing with and how to help. Contact us today for a free consultation.