In Virginia, if you are convicted of a third conviction for DWI or DUI within 10 years is treated as a felony, which will show up during background checks for housing, security clearances and employment. It also means a minimum three-month jail sentence and loss of your driver’s license indefinitely. Unlike a first DUI or second DUI, a third DUI conviction does not permit you to obtain a restricted driver’s license – even for work. If you are facing a potential conviction for your third DUI/DWI, it is highly recommended that you discuss your case with a qualified legal professional to determine your options.
Mandatory Fines and Jail Sentence
Your third (or subsequent) DWI or DUI conviction within 10 years is considered a “Class 6” felony according to Virginia Code §18.2-270.
Generally, Class 6 felonies under Virginia Code §18.2-10 are punishable by a prison sentence ranging from one to five years and a fine of up to $2,500. The law usually gives judges and juries the latitude to impose a sentence shorter than 12 months when the circumstances dictate discretion. However, the state’s DUI law does have mandatory minimum sentences.
For a third conviction within 10 years, the minimum sentence is 90 days in jail and a $1,000 fine. A third conviction within five years nets a six-month minimum sentence and $1,000 minimum fine.
Four or more convictions within 10 years results in a mandatory minimum one-year sentence and $1,000 fine. Unlike a 1st or 2nd conviction, your BAC (blood-alcohol concentration) doesn’t affect your sentence for a third (or subsequent) DWI or DUI conviction. All convictions will be met with serious penalties.
Ignition Interlock Device and Revoked License
According to Virginia Code §18.2-271, your driver’s license is revoked indefinitely following your third (or subsequent) DWI or DUI conviction within 10 years and, you are not eligible for a restricted license. Beginning with your second DWI or DUI conviction, will have to install an ignition interlock device for at least six months on any vehicle you own or that is registered in your name.
Loss of Your Vehicle
According to Virginia Code § 18.2-271, your third (or subsequent) DWI or DUI conviction means the state can confiscate any vehicle solely operated and owned by you.
Understanding Your Options
A third conviction for DUI/DWI is a serious offense and should not be taken lightly. Experienced legal representation is essential in order to potentially mitigate charges and lessen the severity of penalties. If you are facing a possible conviction for a third DUI in Virginia – contact The Brown Law Firm immediately. Our DUI defense attorneys have the courtroom experience that is needed to successfully manage your case. We are prepared to explore all the aspects of your case in order to create an effective DUI/DWI defense strategy. If you are interested in hearing how we can benefit you, call our offices or contact us online to schedule a consultation.
