Second DUI Offense in Virginia: Penalties and What You Need to Know

A first DUI in Virginia is serious. A second DUI offense is even more severe, carrying mandatory jail time, higher fines, and longer license suspensions. If you or a loved one has been charged with a DUI 2nd in Virginia, it is critical to understand the penalties you are facing and your options for defense.

At Peters Law Firm, we help people protect their liberty and livelihood when facing criminal charges. Below is a breakdown of what a second DUI conviction can mean in Virginia.

Penalties for a Second DUI in Virginia

Jail Time and Fines

Under Virginia Code § 18.2-270, the penalties depend on when your prior DUI occurred:

• Second DUI within 5 years
  • Minimum $500 fine
  • 1 month to 1 year in jail, with at least 20 days mandatory
• Second DUI within 5–10 years
  • Minimum $500 fine
  • 1 month to 1 year in jail, with at least 10 days mandatory

If your blood alcohol concentration (BAC) was elevated, additional jail time applies:

• BAC 0.15–0.20 → +10 mandatory days
• BAC over 0.20 → +20 mandatory days

License Suspension

• Three-year revocation of your driver’s license
• Immediate 60-day administrative suspension upon arrest

Ignition Interlock Device (IID)

To regain driving privileges (even with a restricted license), you must install an ignition interlock device on your vehicle for at least 6 months.

VASAP Program

Enrollment in the Virginia Alcohol Safety Action Program (VASAP) is mandatory. This includes alcohol education, classes, and monitoring.

Restricted License Eligibility

• If your second DUI is within 5 years, you may be eligible for a restricted license after 12 months.
• If your second DUI is within 5–10 years, you may be eligible after 4 months.

Collateral Consequences

Beyond fines, jail, and license suspension, a second DUI conviction can affect:

• Employment opportunities (especially if driving is part of your job)
• Insurance rates (DUI convictions remain on your driving record for years)
• Professional licenses (certain careers may face disciplinary action)

Why Legal Representation Matters

The Commonwealth of Virginia takes repeat DUI offenses very seriously. Prosecutors push for mandatory jail time, and judges have limited discretion because of statutory minimums.

An experienced DUI defense lawyer can:

• Challenge the traffic stop or arrest procedure
• Question whether breath or blood tests were properly administered
• Argue for reduced penalties or alternative sentencing options
• Protect your eligibility for a restricted license