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.