Virginia Beach Multiple DUI Lawyer

Have you been arrested for a 2nd, 3rd, or 4th DUI?

Any drunk driving conviction is a serious matter, but if you have been arrested for a 2nd, 3rd or 4th offense of driving while intoxicated (DWI), you need to take immediate action to defeat the charges. A hard hitting attorney can advise you of your rights and investigate the case to determine the most effective route for having the charges dropped.

DUI Penalties in Virginia

The Commonwealth of Virginia takes a tough stance against drinking and driving, and the consequences of being found guilty can have a severe negative impact on your future. A first time DUI is a Class I misdemeanor, and if you are arrested for a second offense within 5 years you will be confronted with the same penalties. You can be charged a minimum of $500 in fines and be sent to jail for anywhere from a month to a year. Even if you aren’t required to serve the full term of the sentence, you will have to spend a minimum of 20 days in jail.

Facing multiple DUI charges? Contact us today at (757) 447-0080 for a free consultation and expert legal guidance.

A third offense within 10 years is a Class 6 felony, and you will be forced to spend at least 90 days in jail, or 6 months if the third offense is within 5 years. If you are convicted of driving while intoxicated a fourth time, you will have to spend at least a year in jail, and your car will be seized by the state.

DUI License Suspensions and Reinstatement

If you are arrested for multiple DUIs in Virginia, your license will face serious penalties, including suspension for extended periods. The length of the suspension depends on the number of offenses:

• First DUI offense: Typically, your license may be suspended for 1 year.
• Second DUI offense: If it occurs within 5 years, your license can be suspended for 3 years.
• Third DUI offense: This can lead to a 10-year suspension or longer.
• Fourth DUI offense: The suspension could be indefinite.

Reinstating your license: After serving your suspension period, you must apply for reinstatement. This process involves:

• Completing any court-ordered programs: You may need to complete alcohol education or rehabilitation programs.
• Paying fees: There are often reinstatement fees.
• Proving good behavior: You may need to provide evidence that you've addressed any alcohol-related issues.

Restricted license: In some cases, you may be eligible for a restricted license, allowing you to drive for work or other essential activities. Requirements for this include:

• Eligibility criteria: You must show that you need to drive for essential reasons, like work.
• Installing an ignition interlock device: In some cases, you may need to have this device installed in your car to prove you are not driving under the influence.

Impact of Multiple DUIs on Employment and Travel

Having multiple DUI convictions can severely impact your life, especially in areas like employment and travel:

• Employment: If your job requires you to drive, a DUI conviction can make it difficult or impossible to keep your position. Employers may view you as a liability, especially for driving-related roles.
• Professional Licensing: Many fields, like healthcare, law, and education, require professional licenses. A DUI conviction, particularly multiple offenses, can jeopardize your ability to maintain or obtain these licenses.
• Security Clearance: For jobs that require security clearance, a criminal record due to DUI convictions could prevent you from being eligible.
• Travel Restrictions: A DUI conviction, especially a felony, can cause problems when traveling internationally. Countries like Canada may deny entry to individuals with a criminal DUI record.

DUI Felony vs Misdemeanor

In Virginia, DUI offenses can be classified as either misdemeanors or felonies, depending on the number of offenses:

• Misdemeanor DUI: The first and second DUI offenses are usually misdemeanors. A misdemeanor DUI charge typically results in fines, probation, and potential jail time.
• Felony DUI: If you commit a third DUI within 10 years or a fourth DUI offense, it will be considered a felony. Felony DUI charges carry much harsher penalties, including:
  • Longer prison sentences.
  • Permanent criminal record.
  • Loss of rights such as voting and gun ownership.

The consequences of a felony DUI conviction can affect many aspects of your life, including your personal freedom, career, and reputation. It’s crucial to understand the differences and seek legal advice to minimize the impact.

Frequently Asked Questions (FAQs) About Multiple DUI Offenses

• Can I get my license back after a second DUI conviction in Virginia?
  Yes, but only after fulfilling certain requirements. For a second DUI offense, your license may be suspended for up to 3 years. You must complete court-ordered programs, pay all reinstatement fees, and provide proof of rehabilitation. In some cases, you may qualify for a restricted license if you need to drive for work or other essential purposes.
• How can I reduce the penalties for a multiple DUI conviction?
  Reducing the penalties for multiple DUI convictions is possible with the help of a skilled attorney. Some common defense strategies include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer tests, or negotiating plea deals to minimize charges and penalties.
• What happens if I drive with a suspended license due to a DUI?
  Driving with a suspended license is a serious offense in Virginia. If you're caught driving while your license is suspended due to a DUI, you could face additional fines, longer license suspension, and possible jail time. It’s crucial to avoid driving until your suspension is lifted or until you're granted a restricted license.
• How long does a DUI conviction stay on my record?
  In Virginia, a DUI conviction stays on your record permanently, but it may be possible to get a misdemeanor DUI expunged under certain circumstances. However, felony DUIs cannot be expunged and will affect your criminal history indefinitely.
• Can I appeal a DUI conviction?
  Yes, you can appeal a DUI conviction, though the process can be complex. If you believe there was a legal error during your trial or sentencing, you may have grounds for an appeal. A qualified DUI lawyer can help you determine if an appeal is possible and guide you through the process.
• What is the difference between a felony DUI and a misdemeanor DUI in Virginia?
  A misdemeanor DUI is typically for first and second offenses. A felony DUI occurs after a third DUI within 10 years or a fourth DUI, resulting in much harsher penalties, including longer prison sentences, permanent criminal records, and potential lifetime driving restrictions.
• Can I still travel internationally with a DUI conviction?
  Multiple DUI convictions can affect your ability to travel internationally, especially to countries like Canada, which may deny entry to individuals with criminal records. Before traveling, it's important to check the specific entry requirements of your destination country.

Defense Lawyer in Virginia Beach: Multiple DUI Charges

In addition to the criminal sanctions you will have to undergo if you are convicted, you will also have to live with a much higher monthly payment for auto insurance, as you will be viewed as a high risk driver. Being sent to jail could cost you your job and lead to other serious problems throughout every area of your life.

Don't let a DUI conviction ruin your future! Contact us at (757) 447-0080 now to discuss your case with an experienced attorney.