Coastal Virginia Second-Offense DUI Lawyers

Nearly 4 Decades of Combined Experience on Your Side in Hampton Roads & Newport News

Driving while intoxicated (DWI) is a serious offense. Also referred to as driving under the influence (DUI), this crime could lead to severe penalties, including incarceration, fines, and a driver's license suspension. The punishments increase substantially for a second-offense DWI. If you've been accused of drinking and driving, it's imperative to get a lawyer on your side who knows the law and the nuances of DUI cases.

Backed by nearly 40 years of combined experience, our Coastal Virginia attorneys at Tillotson & Martin know what it takes to develop effective defenses for DWI charges. When we take on such cases, we thoroughly examine the facts, including the events leading up to the arrest and how the chemical tests were administered.

Our team is well-versed in DWI law, so much so that not only do we train other attorneys, but we were also asked by Thomson Reuters Westlaw - the authority in legal publishing - to write the book as part of their Virginia practice series. Judges, prosecutors, and lawyers often reference this as a resource. Recognizing that the science in DWI cases is harder than most other criminal matters, we stay current with the methods and technologies used to build evidence against the accused. Both Attorney Tillotson and Attorney Martin are Breath Test operators, and Attorney Martin is an ACS-CHAL Forensic Lawyer-Scientist and has also completed a Drug Recognition Expert (DRE) training.

We are well-equipped and ready to help fight your DUI charge. To schedule your free consultation, call us at (757) 568-7978 today.

What Are the Penalties for a Second-Offense DWI In Virginia?

If you're arrested for and/or convicted of driving while intoxicated, you could face administrative and criminal penalties.

Administrative Penalties

Even before your criminal case is concluded, you may be subject to an Administrative License Suspension (ALS). If you lose your driving privileges and you hold a Virginia driver's license, you are not allowed to operate a vehicle on any road. If you're from out-of-state and you are arrested for drinking and driving in Virginia, you will not be allowed to drive within the state.

The driver's license suspension for a second DUI is for 60 days or until your trial (whichever comes first).

Criminal Penalties

Criminal penalties are those the court imposes after a conviction. The exact punishments depend on several factors, including the length of time since your previous conviction and your blood alcohol content (BAC).

The potential penalties are as follows:

• Second DUI within less than 5 years:
  • Jail for up to 1 year, with a mandatory minimum of 20 days
  • Fine of up to $2,500, with a mandatory minimum of $500
  • Driver's license suspension for 3 years (eligible for a restricted driver’s license after 1 year)
  • Ignition interlock device installation for 6 months to 2 years
• Second DUI within less than 5 years and a BAC between .15 to .20:
  • Jail for up to 1 year, with a mandatory minimum of 30 days
  • Fine of up to $2,500
  • Driver's license suspension for 3 years (eligible for a restricted driver's license after 1 year)
  • Ignition interlock device installation for 6 months to 2 years
• Second DUI within less than 5 years and a BAC at .21 or higher:
  • Jail time for up to 1 year, with a mandatory minimum of 40 days
  • Fine of up to $2,500, with a mandatory minimum of $1,000
  • Driver's license suspension for 3 years (eligible for a restricted driver's license after 1 year)
  • Ignition interlock device installation for 6 months to 2 years
• Second DUI within 10 years and a BAC at .14 or below:
  • Jail time of up to 1 year, with a mandatory minimum of 10 days
  • Fine of up to $2,500, with a mandatory minimum of $500
  • Driver's license suspension for 3 years (a restricted driver's license may be granted after 4 months)
  • Ignition interlock device installation for 6 months to 2 years, 8 months
• Second DUI within 10 years and a BAC between .15 and .20:
  • Jail time for up to 1 year, with a mandatory minimum of 20 days
  • Fine of up to $2,500
  • Driver's license suspension for 3 years (eligible for a restricted driver's license after 4 months)
  • Ignition interlock device installation for 6 months to 2 years, 8 months
• Second DUI within 10 years and a BAC at .21 or higher:
  • Jail time for up to 1 year, with a mandatory minimum of 30 days
  • Fine of up to $2,500
  • Driver's license suspension for 3 years (a restricted driver's license may be granted after 4 months)
  • Ignition interlock device installation for 6 months to 2 years, 8 months

Get Serious Defense for Your Case

Our Coastal Virginia second-offense DWI attorneys understand that this can be a stressful and confusing time, and you may be worried about the impacts on your future. At Tillotson & Martin, we'll skillfully guide you through the process and help you understand what to expect.

We provide compassionate, personalized defense. To get started on your case, contact us at (757) 568-7978.