What are the punishments for a Second Offense DUI in Fairfax, Virginia?
Both a First Offense DUI charge and a Second Offense DUI charge are Class One misdemeanors in Virginia. As a result the maximum penalties for both charges are the same. The worst case scenarios for punishment for both a First Offense DUI and a Second Offense DUI in Fairfax County:
- Twelve (12) months in jail
- Fine of $2500.00
There is a great number of potential resolutions that an experienced Fairfax DUI attorney can try achieve on a driver's behalf to minimize or even avoid the punishments for a DUI Second Offense in Fairfax county. Call Alex Gordon or Carlos Wall for a Free Consultation now at 703.218.8416
It is rare that either a first time offender or second time DUI offender get the maximum punishments. However, if a person is convicted of a second offense DUI charge, the punishment could be more severe than someone who is charged for the first time with a DUI.
If you are convicted of a second offense DUI in Fairfax, the punishment includes:
- mandatory minimum jail time
- higher fines
- longer license suspension.
If a person is convicted of a second offense of DUI in Fairfax County within five (5) years of the prior offense:
- The mandatory minimum jail sentence is twenty (20) days;
- The mandatory minimum fine is $500;
- The mandatory loss of the privilege to drive in Virginia is three (3) years.
Also, no restricted license may be issued until one year after the conviction for a Second Offense DUI within 5 years. Most Fairfax judges also require that the Virginia Alcohol Safety Action Program (ASAP) be completed before they will consider issuing a restricted license.
If a person is convicted of a second DUI charge in Fairfax within ten years of the prior DUI conviction:
- The mandatory minimum jail sentence is ten (10) days;
- The mandatory minimum fine is $500; and
- The mandatory loss of license is three (3) years.
Also, no restricted license may be issued until four (4) months after the conviction. Most Fairfax judges also require that you be enrolled in Virginia Alcohol Safety Action Program (ASAP) before they will consider issuing a restricted license.
You should meet with lawyers Alex Gordon or Carlos Wall, experienced Fairfax County DUI lawyers, to thoroughly review the events that caused the police officer to make an arrest. Armed with this information, we will examine the scientific, factual, and legal issues that might affect your Fairfax County DUI or DWI case and we will formulate the best strategy to achieve our goals of dismissing the charge or reducing the DUI charge or penalties.Call the Fairfax DUI lawyers at The Gordon Law Firm for a Free Consultation now at 703.218.8416 or email us at email@example.com.
Goals for representation on a Fairfax County Second Offense of DUI
There are many possible resolutions for charges involving a second offense DUI charge. Every Fairfax County DUI case depends upon its own facts and circumstances.
The first factor that our DUI lawyers look for is whether there is a valid conviction for a First Offense DUI charge. Many times Fairfax police officers and Virginia State Troopers, issue a Second Offense drunk driving charge when they look at a police record and see another conviction for DUI. However, Virginia law requires that the DUI statute that person was convicted in the first DUI must be substantially similar to the Virginia DUI law. If the person arrested was convicted in Federal court or has a prior DUI conviction from out of state, it is possible the Fairfax County court might decide the prior conviction was on a DUI law that was not substantially similar to Virginia's DUI law.
Another factor the DUI lawyers at The Gordon Law Firm will review is whether the prior conviction for DUI was proper. There are a number of ways the prior conviction may not be considered a valid "predicate offense." Problems that could occur with the prior DUI conviction include:
- Did the order of DUI conviction indicate the driver was advised of his rights to counsel and trial?
- Did the order of conviction indicate the driver was properly represented by counsel?
- Was the order of conviction signed by the judge? Was it dated correctly?
Each of these issues can be presented to a judge at trial. The judge would have to make the final determination as to the legal sufficiency of the orders of conviction. If the Fairfax County judge rules that the previous DUI conviction cannot serve as a "predicate offense," the mandatory minimum punishments for a second offense would not apply.
Negotiation of Second Offense DUI Charge
The Gordon Law Firm has helped hundreds of clients charged with DUI in Fairfax County and throughout Virginia. Each client comes to our office with their own set of expectations and goals. A thorough examination of the driver's DUI case might provide our law firm with facts that could create leverage to have the DUI charges changed or the punishments modified.
If a DUI second offense in Virginia is reduced to a First Offense it may:
- reduce a the length of a person's license suspension from the court
- eliminate the mandatory minimum jail time
- help with insurance and the driver's record for background checks
If a DUI Second Offense within 5 years is changed to a DUI Second Offense within 10 years, it will:
- reduce the mandatory minimum jail sentence from 20 days to only 10 days
- allow a person to apply for a resticted license after only 4 months instead of having to wait a year
Of course, Alex Gordon and Carlos Wall will be looking for every avenue to get a second offense DUI case dismissed or reduced to Reckless Driving instead of a DUI conviction in Fairfax.
However, as experienced DUI defense attorneys, we understand that we cannot control the facts of the case, the prosecutor, and of course the judge's final decision.
What we can do is work closely with our clients and be fully prepared for trial. We want to put our 35 years of combined knowledge of DUI law to work for our clients to try to achieve the best possible outcome either at trial or through negotiation.
Feel welcome to contact The Gordon Law Firm today for a Free Consultation at 703.218.8416 or fill out the "Contact Us" form on this page.