Notice To The General Public During the Coronavirus Crisis (COVID-19):

Please be advised that the Virginia Supreme Court has closed all courts in the Commonwealth of Virginia through May 17, 2020, except for emergency matters such as bond hearings, arraignments, protective order hearings, and other motions, etc. Criminal and traffic trial dates are being continued by the clerks of each court. This law office continues to work on its cases and is open to serve the public during these difficult times. Attorney Yeargan wants to help you with your legal problem. Feel free to contact the law office and make an appointment or to discuss your case over the telephone in a free consultation.

Existing clients are being kept informed about the status of their cases and any new court dates. New clients are being given the same high standard of service and attention to detail as in the past. Attorney Yeargan is dedicated to serving the public with patience and compassion during the COVID-19 crisis. Learn More.

Case results depend on a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case undertaken by the lawyer.
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Third DUI

Anyone who is convicted of a DUI or DWI for the third time within a 10 year period in Virginia will face felony charges. A felony conviction will show up in all background checks, including those for housing or employment. In addition to this charge being treated as a felony, the person convicted will have to serve a minimum of 90 days in jail and will lose their driving privileges for life.

Third DUI/DWI Conviction in Virginia

Unlike a first or second DUI conviction, anyone convicted of a third DUI in a 10 year period cannot qualify for a restricted license to travel back and forth to work. This page will outline the specific repercussion that accompany a third DUI/DWI conviction in Virginia. If you are facing charges for a third DUI, it is recommended that you seek legal advice from a DUI defense attorney.

Mandatory Jail Sentences and Fines

Under Virginia law, a third or any subsequent convictions for DUI is considered a Class 6 Felony. Because of this status, there are mandatory jail terms and fines associated with conviction. In Virginia, a Class 6 felony requires one to five years in jail and a fine up to $2,500.00. The judge has the discretion to impose jail sentences for less than 12 months if the circumstances surrounding the event allow for a lesser sentence.

Virginia DUI laws state that a third conviction in a 10 year period requires a minimum of 90 days in jail and a $1,000.00 fine. A third conviction within five years requires a six month jail sentence and a $1,000.00 fine. Four or more convictions in a 10 year period will require a minimum of one year in jail.Unlike being convicted of a first or second DUI offense, your blood alcohol content (BAC) is not considered when determining your jail sentence.

Ignition Interlock Devices and Revoked Driving Privileges

In Virginia, the installation of an Ignition Interlock Device is mandatory for at least six months on any car that is registered in your name when you are convicted of DUI for the first or second time. However, this does not apply to a third DUI conviction within a 10 year period. Virginia law states that your license will be revoked for life if convicted a third time.

Potential Confiscation of Vehicle

Under Virginia law, if you are convicted of a DUI for the third time in a 10 year period, the state has the authority to confiscate any vehicles that are registered in your name and operated solely by you.

Always Understand Your Options

Facing a third conviction for a DUI must be taken seriously. This is a life-changing conviction. Speak with an attorney that can help you defend your case and possibly reduce or eliminate the charges. You have options. Attorney-at-law, Wilfred Yeargan is highly experienced in handling DUI/DWI cases in Virginia, and will provide you with exceptional representation in an outside of the courtroom. Set up a consultation to discuss your legal defense strategy by calling directly or by sending an online message today.

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