Getting arrested for driving under the influence in Virginia is always a frightening experience, but the situation becomes even more daunting if you already have a DUI on your record. What might have been a misdemeanor with limited jail time and fines for a first offense quickly escalates into mandatory minimum sentences, higher fines, and the possibility of a felony conviction. Repeat DUI charges in Virginia are not treated as isolated mistakes; they are seen by the courts as a pattern of behavior that demands harsher punishment. That is why understanding how prior convictions affect sentencing is crucial if you are facing a new DUI charge. At Crowley Peritz Law, we know the stakes are high, and we fight aggressively to help our clients protect their rights, their freedom, and their future.
DUI Sentencing Basics in Virginia
Virginia Code § 18.2-266 governs DUI cases in the Commonwealth. A person may be convicted if they operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher, or if their ability to drive is impaired due to alcohol, drugs, or a combination of substances. Even a first-offense DUI, which is typically classified as a misdemeanor, carries significant penalties, including fines, license suspension, and possible jail time. Unlike some states, Virginia does not generally allow DUI charges to be reduced to lesser offenses like reckless driving, which makes the sentencing structure particularly important to understand. Once prior convictions come into play, the consequences increase substantially.
How Prior DUI Convictions Impact Sentencing
Virginia law uses “look-back” periods of five and ten years to determine how prior convictions affect sentencing. A second DUI conviction within ten years carries mandatory jail time and higher fines, while a second offense within five years results in an even longer mandatory jail sentence. A third DUI conviction within ten years is no longer treated as a misdemeanor but as a Class 6 felony, punishable by a minimum of ninety days in jail and fines starting at $1,000. If that third offense occurs within five years, the mandatory minimum rises to six months in jail. Any convictions beyond the third are also prosecuted as felonies, exposing the defendant to the possibility of years in prison, substantially higher fines, and permanent loss of driving privileges.
In addition to incarceration and fines, repeat DUI convictions in Virginia often bring collateral consequences that can disrupt daily life long after a case is resolved. Extended license suspensions, mandatory installation of ignition interlock devices, and permanent criminal records can impact employment, housing, and professional opportunities. This cumulative effect makes each subsequent DUI charge more damaging than the last.
Mandatory Minimum Sentences and Aggravating Factors
The sentencing structure in Virginia includes mandatory minimum penalties that judges cannot suspend or reduce. For instance, a second DUI conviction within five years carries a mandatory twenty-day jail sentence, and the court has no discretion to eliminate that term. These requirements reflect the legislature’s intent to treat repeat offenses as especially serious.
Aggravating circumstances can also heighten the severity of a DUI sentence. A high BAC of 0.15 percent or more triggers additional mandatory jail time, even for first-time offenders. Driving under the influence with a minor in the vehicle results in enhanced penalties as well. Likewise, refusal to submit to a breath or blood test may lead to automatic license suspension under Virginia’s implied consent law. Together, these factors demonstrate how Virginia courts treat DUI cases with escalating seriousness when public safety is at risk.
How a Criminal Defense Attorney Can Help
When a driver has prior convictions, the role of a skilled DUI defense attorney becomes critical. An attorney can examine the legality of the traffic stop, challenge the reliability of BAC testing, and review whether constitutional rights were violated during the arrest or investigation. In some cases, defense counsel may be able to negotiate for reduced penalties, alternative sentencing such as substance abuse treatment, or participation in diversion programs. For those facing repeat charges, having an experienced advocate is often the difference between a lengthy jail term and a more favorable resolution.
At Crowley Peritz Law, our attorneys bring over 25 years of combined experience to DUI defense. We focus exclusively on criminal and serious traffic cases, which allows us to devote the necessary time and attention to every client. Because we limit the number of cases we accept, we are able to develop strategies tailored to each client’s circumstances and maintain direct communication throughout the process.
Speak to an Attorney at Crowley Peritz Law Today
A DUI conviction can alter the course of your life, and the risks are even greater if you already have prior convictions. The mandatory minimums, enhanced penalties, and possibility of a felony record make it essential to secure experienced representation. At Crowley Peritz Law, we are committed to protecting our clients’ rights and providing strong, personalized defense strategies in DUI cases across Northern Virginia.
If you are facing a DUI charge and have prior convictions, contact Crowley Peritz Law today to schedule a free consultation. Call us at 703-337-3773 or reach us through our online form. The sooner you act, the sooner we can begin working to protect your future.
