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.