What are Penalties for a 2nd Offense DUI in Fairfax Virginia?

All 2nd offense DUI, whether within 5 years, or within 10 years of a previous offense carry mandatory Jail Time in Virginia.  

2nd in 5 years carries a mandatory 20 day jail sentence that cannont be suspended by a Judge and will not be cut in half by the sheriff for good behavior.  

2nd in 10 years carries a mandatory 10 day jail sentence.  

Both types of 2nd offense have additional jail time of 10 days or 20 days if the BAC is .15 or higher or above .20, respectively. 

If the prior was out-of-state, then there are defenses that come into play since many other states have variances in their DUI laws that might prevent them from counting as a Valid Prior. 

License suspension is mandatory 3 years for a 2nd offense DUI.  Restricted license is not available until after a 1 year wait or a 4 month wait for 2nd in 5 or 2nd in 10 years, respectively.    All DUI Restricted Licenses these days require an Ignition Interlock Device, and for the 2nd offense case, they actually require an Interlock to be installed on every car registered in the name of the client.  

In many of these cases, we work hard to find ways to disqualify the prior offenses, which is why you want to have the most experienced DUI attorneys to handle cases like this.

Our Mission

Our Mission is to get the best possible result for each client, while including the client in the decision-making process along the way.  Every case is different, so we strive to gain detailed knowledge of the special facts and then find all of the relevant law to help get the best result either at trial or by negotiation.

Areas We Serve

Our Office is located at Fairfax Courthouse.   The Courthouse and Jail are right outside my window and you can’t park any closer than our office.  We focus on defense of DUI, traffic, and other misdemeanor and drug charges.

McGlone Law Firm, Fairfax Freedom Fighters
none (fax)
Mon: 09:00am - 04:00pm
Tue: 09:00am - 04:00pm
Wed: 09:00am - 04:00pm
Thu: 09:00am - 04:00pm
Fri: 09:00am - 04:00pm
Sat: 09:00am - 04:00pm