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  1. #1
    Join Date
    Dec 2008
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    1

    Default Second DUI in 5 Years

    My question involves criminal law for the state of: Virginia

    I recently got my second DUI in 5 years. I hit a parked car and blew a .16. I'm wondering if there is any way I can avoid going to jail. I don't even care about losing my license or any other punishment.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Second DUI in 5 Years

    That's going to depend upon the policies of the local prosecutor and judge, more than anything we can tell you. I suggest consulting a local criminal defense lawyer.

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Second DUI in 5 Years

    You are lucky you didn't kill someone in that car or kill yourself.

    Consider moving to the D.C. metro. Why? When your insurance company totals your car you will be getting used to public transportation or walking or both.

    If it was your first you could likely avoid jail; it isn't. Since it's your second, and it's within 5 years AND you blew twice the legal limit I can assure you that unless your attorney finds a procedural error you are going to jail. ...and when an officer shows up at a scene the procedural errors and 4th Ammendment claims are pretty much tossed right out the window.

    The .16 is right at the borderline for a sensorlock/interlock for a first DUI in the Commonwealth. Good attorneys can usually negotiate it out in the plea if you are at .16 or less on a first. You can bet that your license is suspended for 1 year and IF you are given a limited privelege you will have to have an interlock for the next 2 years. This is a total of 3 years of suspension with 2 on a limited privvy. If you drive outside of your restrictions in a non-emergency situation then you will also get nailed with a DWLS, or driving while license suspended.

    You are likely looking at $2500 in fines and up to 30 days in jail with 25 of those (likely) suspended if your first was closer to 5 years ago. I had a friend that landed a "hanging judge" and he ended up with $1000 in fines (including the notorious Northern VA "civil fines" of $900 every year for 3 years) (this was actually a low fine). Why? Because the judge sentenced him to 30 (YES, THIRTY) days of jail time and told him that he set a low fine because he knew that {my friend} was going to lose his job. They even moved him from the county jail in Fairfax down to one of the State Prisons. ...and this wasn't his third. It was his 2nd in 5 years, his previous being 2 years ago. He blew .2something on that one if I recall correctly.

    ...but that is not the beginning. Your car insurance is going to go up almost 300%, roughly about 270% for the same amount of insurance. Progressive gave me good rates when I had my DUI and i still get decent rates in VA. Your attorney will be around $1500-$2000 to plea you out. You may lose your job because of the jail time. A *GOOD* attorney will be able to work out your jail time so that you can serve it on the weekends or work it out so that you can take vacation days from work in most cases. ...and the judge has to agree to the plea.

    They just had a NY legislator (not that one but Rep Fosella (sp?) get sentenced to 5 days in Alexandria (Northern VA) on his first DUI. This was because he was at .17, which is .02 above the mandatory jail time limit.

    ***FELONY WARNING***
    By the way, in Virginia, your third DUI is a Felony and they are starting to start the clock from the time of your last DUI. I know of several people they pulled this on and one is appealing it and fighting it so that he is not a felon. Another guy ate the Felony and works in foodservice in Florida; prior to that he had a high paying D.C.-area government job. He got popped sleeping it off in his car; the problem was he started the car to turn on the heater. Even though he was in the passenger seat he operated the car. Keep that in mind in the future.

    One other fun thing in VA. You are going to have a lot of pissed off MADD members when you show up for your classes and the at least 3 lectures. It's part of VASAP, the alcohol program, if I remember correctly.

    You will need a good attorney to negotiate the jail time down. You could be staring down the barrel of 30 days.

    Good luck,

    UBF

  4. #4
    Join Date
    Jun 2008
    Posts
    250

    Default Re: Second DUI in 5 Years

    Quote Quoting angeldianne
    View Post
    My question involves criminal law for the state of: Virginia

    I recently got my second DUI in 5 years. I hit a parked car and blew a .16. I'm wondering if there is any way I can avoid going to jail. I don't even care about losing my license or any other punishment.
    Are u insane?..lol i wold do jail time any day to keep my driver license..

    But yea u will get jail time. VA is strict on DUI and your license will be gone.. Good luck.. U will need it

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