Encountering a driving under the influence (DUI) arrest can spiral into a daunting journey, from the nerve-wracking traffic stop to the intimidating court proceedings. It’s a rollercoaster that starts with the distressing experience of being arrested and booked into custody.
The repercussions of a DUI can be great, leaving many wondering if a DUI can be expunged in Virginia. The only way to do this is if your case was dropped or dismissed, which can be possible with the help of a drunk driving lawyer in Virginia Beach.
But what about jail time? How much time you will spend behind bars depends on how close together your other DUIs are. For instance, if you received your third DUI in ten years, you will face a minimum of ninety days in jail. If you receive your third DUI within five years, you will face a minimum of six months in jail.
What Happens When You Receive Your Third DUI in Virginia?
Navigating the aftermath of a third DUI in Virginia comes with a set of driving restrictions that hinge on the timing of previous convictions. If the third DUI happened within five years, brace for steeper penalties compared to one occurring within a ten-year span.
Here’s what you may be up against:
- Your driving privileges in Virginia may be indefinitely revoked.
- You may be faced with a five-year wait before you can petition for the chance to have those driving privileges reinstated.
- You may need to face a three-year waiting period to plead your case for a restricted license.
- You may lose your vehicle through forfeiture.
- The DMV may issue you an administrative license suspension until your day in court arrives.
But what about your third DUI in a span of ten years? Getting caught for a third DUI within a decade isn’t just a bump in the road–it’s a serious Class 6 felony conviction in Virginia. Brace yourself for the financial hit with a $1,000 fine and a mandatory minimum jail time of ninety days.
You may also need to wait three years from the date of conviction before getting a chance to apply for limited driving privileges, strictly confined to commuting to work and performing job-related tasks.
And that’s not all–once you’re back behind the wheel, an ignition interlock is mandatory for at least six months, either upon license restoration or while driving with that restricted license during the suspension period.
Is It Possible to Avoid Jail Time?
The chances of avoiding jail time after a third DUI conviction are slim. Virginia takes DUI convictions seriously, especially if it’s your third. In many cases, you may be looking at one to five years behind bars, and that’s the minimum. Hit that mark within five years of your previous offenses, and you’re facing at least six months locked up. Extend that window to ten years, and it’s still a mandatory ninety-day stint.
Being labeled a felon isn’t just a stamp on your record–it comes with a laundry list of limitations. Say ‘goodbye’ to voting, the potential to hold public office, and owning a firearm. Finding or keeping a job suddenly becomes much more difficult, as well.
Next Steps with Coastal Virginia Law
Just because you’re facing charges doesn’t automatically mean you are guilty. You still have a chance to present your side in court and build a solid defense.
If you’ve hit the unfortunate milestone of a third DUI in Virginia, it’s time to seek counsel from a seasoned DUI defense lawyer. Partnering with the skilled attorneys at Coastal Virginia Law could be the difference between carrying a felony on your record and retaining your driving privileges.
If you or someone you know is confronting their third DUI charge, reach out to the experts at Coastal Virginia Law now for a complimentary consultation. For information about what questions you should ask a DUI lawyer, check out our latest post!