Virginia DUI Penalties Third Offense

What happens to Third Time DUI Offenders in Virginia?

Jail:

Conviction of Virginia DUI Third within 5 years of the previous 2 is a class 6 felony conviction.  This conviction requires a mandatory minimum non-suspendable jail sentence of 6 months.

Fine:

There is a mandatory minimum fine of $1,000.

Driver's License Suspension:

Conviction requires an indefinate loss of your privilege to drive.  This means that you cannot drive, not even with a restricted license, until you petition the court and have a restoration hearing.  This will not occur for at least 3 years after your conviction date.

Ignition Interlock:

This is not applicable since there is no restricted driver's license.  However, once a Circuit Court Judge issues a restricted license, at least 3 years after the conviction, an ignition interlock with likely be ordered for at least 6 months.

THIRD OFFENSE VIRGINIA DUI WITHIN 5 to 10 YEARS OF THE PREVIOUS TWO:

The Fine, Driver's License Suspension and Ignition Interlock are the same, however the mandatory minimum non-suspendable jail sentence is only 90 days as opposed to the 6 months above.

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