Second DUI Offense Virginia Attorneys

Key Takeaways

Being charged with a 2nd DUI offense could mean significantly higher penalties.
Depending on your blood alcohol level, you may be faced with up to three years without your driver’s license and mandatory jail time.
Hire a law firm to help you minimize those risks and develop a strong DUI strategy.
Montagna Law defense attorneys can help you fight back after a DUI charge.

A person sits in a car holding a bottle, looking distressed. Police lights flash red and blue through the rear window, casting colored glows inside the vehicle.

Getting pulled over for a potential second driving under the influence (DUI) charge can be terrifying, especially when you are unsure what to expect. The worry of losing your license and not being able to drive to and from work, school, or other activities is unnerving, especially when you do not believe the charge is fair and just.

When you are facing a second DUI in Virginia, do not go to court without choosing an attorney who can help you fight the charges. Montagna Law defense attorneys are trusted, experienced, and proven.

Why Clients Work With Our DUI Defense Attorney

We begin building your case when you hire our legal team after your DUI arrest. Our experience, dedication to our clients, and our ability to provide transparent, honest legal support can make a difference in your outcome. With over 30 years of experience serving the region, we are confident we can help you.

Our Results

Although each case is different and results in one case do not guarantee results in other cases, some of our favorable court cases include:

DUI and refusal: Refusal nolle prosequi (dismissed without prejudice), DUI amended to reckless driving
Client charged with DUI (drugs): Guilty of reckless driving
Client charged with DUI: Guilty of reckless driving
Client charged with DUI, refusal, and revoked operator’s license: Dismissed
Client charged with DUI and refusal: Client plead to reckless driving and refusal charge taken under advisement for one year and to be dismissed if in compliance (refusal charge dismissed)
Client, a naval officer, charged with DUI and refusal: Both charges dismissed
DUI second offense: Client guilty of DUI first offense, no active jail time
Client charged with DUI first offense and DUI second offense on same day and in front of same judge: Both charges dismissed
Client charged with DUI first offense. Client had BAC of .18, which would normally require a mandatory minimum of 5 days in jail: All jail time suspended.

Client, a naval officer, charged with DUI and refusal: Both charges dismissed
DUI second offense: Client guilty of DUI first offense, no active jail time
Client charged with DUI first offense and DUI second offense on same day and in front of same judge: Both charges dismissed
Client charged with DUI first offense. Client had BAC of .18, which would normally require a mandatory minimum of 5 days in jail: All jail time suspended.
DUI with a B.A.C. of .24: Dismissed
DUI and refusal: Refusal nolle prosequi (dismissed without prejudice), DUI amended to reckless driving
Client charged with DUI (drugs): Guilty of reckless driving
Client charged with DUI: Guilty of reckless driving
Client charged with DUI, refusal, and revoked operator’s license: Dismissed
Client charged with DUI and refusal: Client plead to reckless driving and refusal charge taken under advisement for one year and to be dismissed if in compliance (refusal charge dismissed)

Testimonials

“Mr. Montagna has helped me with two cases now, both times he has been professional and helpful. In both cases my charges were reduced and I was very pleased with the results. If I have any other driving incidents or personal injury I will definitely be given Mr. Montagna a call back.” – Steven E.

“I have a underwhelming driving history, Mr. Montagna was able to work with me in a reasonable manner to get my reckless driving reduced with NO JAIL TIME or Misdemeanor on my record. I am extremely grateful for him representing me! If you are looking for a lawyer that will make an impression and someone who will work with your unsatisfactory driving history, look nowhere else!” – Erin N.

“Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended.” – Cindy W.

“Mr. Montagna is hands down the best at what he does, having been charged with a class 1 misdemeanor he was able to get the best possible outcome from it as well as reducing a speeding ticket down to an improper equipment charge the next day. That same day i had the chance to see from a 3rd person perspective what he is able to do in a different situation for another person and after it concluded it was safe to say that going with him WILL be ending with the best result in accordance with your own end of the bargain held up (driving certificates, community service, etc). Overall a very professional, intelligent, reputable attorney.” – Natanael T.

What is a Second DUI Offense in Virginia?

Hand holding a brown bottle peers through a car's steering wheel, dashboard visible, amidst urban traffic on a busy road.

Under Virginia impaired driving laws, you face greater DUI charges if this is the second time you have been charged and convicted of a DUI within five years. This could lead to:

Maximum fines of $2,500 with a $500 minimum fine
20-day mandatory minimum jail sentence
If blood alcohol content (BAC) is .15 or higher, an additional 10 days of jail time
If BAC is 0.20 or higher, you could face an additional 20 days of jail time
License suspension for three years

What is the Difference Between a First DUI and a Second DUI Offense in Virginia?

Both the first and second DUI convictions are misdemeanors under Virginia law. The fines are twice as much with your second conviction, and you lose your license for three years instead of one year. Additionally, the second conviction creates the risk that you may have to go to jail for a term of up to one year.

What Are the Penalties for a Second DUI Offense in Virginia?

The penalties for DUI in the Commonwealth of Virginia depend on when the last DUI occurred and the severity of the incident. Here is what you can expect.

Second DUI Within 5 Years

The penalties for a 2nd DUI conviction in Virginia within a five-year period include:

Minimum fines of $500
Jail time of 20 days is mandatory
Three-year loss of license without the ability to obtain a restricted license for one year

Second DUI Within 10 Years

If you have a second DUI offense within five to 10 years it is a Class I misdemeanor. This offense carries a mandatory minimum fine of $500, a minimum jail sentence of 10 days, and your driver’s license suspended for three years.

What Are the Consequences of a Second DUI Charge in Virginia?

A second offense is a serious crime. Even though it is a misdemeanor, a second Virginia DUI carries a number of potential consequences, including:

Legal outcomes: As noted, you may be facing fines and jail time that are higher than what you experienced with your first offense. You may be required, in some cases, to take alcohol education courses and to drive with an ignition interlock device.
Personal outcomes: A DWI creates personal tensions. You may be unable to meet the expectations of your family without driving privileges. There is also the negative stigma that comes from a second offense that is worse than the first time. Now, it seems as if driving under the influence is a habit. With a higher BAC level, you may face concerns about alcohol safety from family and friends.
Financial outcomes: Note that the mandatory minimum fine is substantial and can increase depending on various factors. Having a prior DUI conviction also means you’ll likely pay more in insurance costs.

Because the consequences are so significant under Virginia DUI laws, it’s always good to work with a defense lawyer who will develop a strong strategy to help minimize the impact on your future.

How Long Will My Driver’s License Be Suspended for a Second DUI Offense?

Your DUI case will likely impact your right to maintain a driver’s license in Virginia for a period of time. Most of the time, a driver’s license will be suspended for three years if you are convicted of a second DUI.

One key factor to consider is your ability to obtain a restricted driver’s license. This type of driver’s license allows you to go to and from work, school, or other specifically allowed activities. If your first offense was under 10 years ago, you can apply for a restricted driver’s license after four months. If your first offense was within the last five years, you will have to wait up to 12 months before you can obtain a restricted license.

What Should I Do if I Have Been Arrested for a Second DUI?

If you fail a breath test or any other of the field sobriety tests, follow the directions of the police officer and remain calm. Then, call your attorney. Our team encourages you to work with us to minimize DUI penalties. Keys to building your DUI defense strategy include:

The first step is to contact an attorney. At Montagna Law defense attorneys, we gather all the details of what occurred, including your prior offense.
You should let us know what you are being charged with and get the contact information for any witnesses.
Know your legal rights. You have the right to remain silent. If you refuse a chemical test, you may be facing automatic suspension of your driver’s license, though it is a civil offense and not a crime.

What is the Process After Being Charged With a Second DUI?

If you fail field sobriety tests, you can expect the following steps to occur:

You will be taken into custody. You are not likely to change the police officer’s mind.
The police department staff or sheriff’s office will then complete the arrest and booking procedure. You will then have chemical tests.
A magistrate will decide whether you can be released or must remain in jail. In some situations, a bond hearing may be established.
You will then be arraigned, which means coming before the court. Here, you will learn about your charges and the appointment of an attorney.

It is possible you go to trial at this point and face sentencing. However, our law firm may advise you on options for accepting a plea agreement.

Building Aggressive Defense Strategies for a Second DUI Charge

Our legal team will prepare your defense strategy. This will include reviewing evidence and creating a strategy that’s applicable to your situation. We will discuss pre-trial and trial defense options that fit your situation. Our objective is to reduce your charges, especially if you are facing complicated matters, such as a high blood-alcohol level or license revocation.

How Can a DUI Defense Attorney Help With a Second DUI Charge and Criminal Defense?

Your defense attorney will guide you in preparing your case, including:

Evaluating defense strategies
Working to reduce DUI penalties through negotiation of plea bargains
Developing a dense strategy if you need to go to court

Your attorney will fight to protect your rights throughout this legal process. Our goal is to protect your driver’s license through a comprehensive DUI defense strategy.

Frequently Asked Questions

What Are the Consequences of Refusing a Breath Test?

Refusing a breath test can lead to automatic penalties, including a 60-day license suspension and potential additional charges as a Class 2 misdemeanor if you have prior DUI convictions.

What Are Ignition Interlock Devices, and When Are They Required?

Ignition interlock devices are installed in vehicles to prevent operation if alcohol is detected on the driver’s breath; they are typically required for individuals convicted of a second DUI offense as part of regaining driving privileges.

What is the Virginia Alcohol Safety Action Program (VASAP), and How Does It Affect My Case?

The Virginia Alcohol Safety Action Program (VASAP) is mandated for individuals convicted of DUIs and includes education and treatment programs. Participation is required regardless of whether you receive a restricted license after your second offense.

Facing a Second DUI Charge?

Contact Montagna Law defense attorneys for immediate support and guidance. Let our DUI attorney fight for your rights. We serve Norfolk, Portsmouth, Virginia Beach, and the surrounding areas. Contact 757-625-3500 or fill out our contact form online now.

Robert Bolden III

Tony was amazing! I initially found him online while researching lawyers in my area, and what sealed the deal was a close family friend who is an experienced lawyer themselves. They confirmed Tony was the person to go to. You can immediately tell he is experienced and knows his stuff. Every time we met, I felt valued and like I had his full attention. He took the time to make sure I understood everything at each step along the way. His paralegal Jay was equally awesome with top-tier communication throughout the entire process. I strongly recommend Tony to anyone looking for exceptional legal representation.

Marcus R

Mr Montagna goes above and beyond for his clients. I highly recommend his law firm.

Zgillman

I had a great experience with Mr. Montagna, I’ve had no previous court experience and he was able to guide me very clearly. Also ended with positive results.

Gina Briccetti

I couldn't recommend a lawyer as much as I recommend Anthony. He put my best interest to the forefront of his priority, taking all aspects of my case into consideration during the duration of my trial. He had an excellent way of communicating with me, treating me like one of his family members, instead of just a client. He was super transparent with me throughout the entire timeline of my case, and prepared me for what was to be expected so nothing was a surprise. I fully trusted Anthony to fight for me and my reputation, and he displayed himself very highly during my court date. He fully committed to me for my situation, and left out no details of what the court was entailing. He recommended I go above and beyond to mend my case, and so I did. He was successful in court with me, and I would absolutely utilize him as a resource for any further needs.

Josh Burton

Extremely helpful, clear, kind, and on top of every detail. Highly recommend!

Paige Dyer

Mr. Montagna was a great lawyer. Made the process very smooth and easy. Him and his paralegal were very professional and walked me through everything to help me understand my case. He worked hard get my reckless driving bumped down to an infraction which is a win in my book. 10/10 recommend if your looking for a lawyer.

nathan wilcots

Best lawyer I can ask for. He will not make promises but will put u at ease. I definitely recommend Anthony montagna.🔥

Kisha Wray

⭐⭐⭐⭐⭐ I cannot recommend Anthony Montagna highly enough. From the start, he demonstrated an incredible command of the law and a clear strategy for my case. He personally called me multiple times to walk through our defense and made sure I understood every step of the process. In court, Mr. Montagna was calm, confident, and extremely sharp. His knowledge of the law and ability to execute the right strategy ultimately helped lead to the dismissal of my case. When he says he treats his clients like family, he truly means it. He and his team were professional, responsive, and supportive the entire time. A special thank you to Jay, the paralegal on his team, for helping keep everything organized and moving smoothly. If you ever need legal representation, don’t hesitate to call Anthony “The Man” Montagna. Follow his guidance and do what he asks you to do — he knows what he’s doing. Thank you again for turning what started as a stressful situation into a positive experience.

Travis Langley

Unfortunately, I got a reckless driving ticket (68mph in a 45mph zone). Looked online and searched through many lawyers to help me with my case. Montagna law was one of the firms that popped up on a simple Google search. I read all of the previous cases stated on their website and felt comfortable with my decision to hire Mr. Montagna as my lawyer to represent me. I will say it was quite expensive, but what you get in return is fantastic representation at your court hearing and I was able to get my reckless driving charge completely dismissed and didn't have to pay any court costs or anything. Ofcourse this outcome is situational per a case to case basis, but I can honestly say that Mr. Montagna will try his absolute best to get you a good outcome in court! His experience truly speaks for itself!

Tyler Brown

I cannot recommend Anthony Montagna highly enough. He represented me in a case where I was originally charged with reckless driving (96MPH in a 55MPH zone), and thanks to his skill and strategic approach in the courtroom, he was able to get the charge reduced to improper driving. That alone made a huge difference in the long-term impact on my record. What really impressed me was how he handled the judge’s initial decision to suspend my license for 10 days. Anthony didn’t just accept it, he respectfully and professionally pushed back, using his experience and knowledge of the law to advocate even harder on my behalf. Because of his persistence and expertise, the judge reconsidered. In the end, I avoided a license suspension and the maximum fine. He is not the cheapest attorney out there, but in situations like this, you truly get what you pay for. The money was absolutely well spent. He protected my driving record, my ability to work, and gave me peace of mind during a stressful situation. If you’re facing a serious traffic charge and want someone who knows how to navigate the courtroom and fight for you, Anthony Montagna is the lawyer you want in your corner. I’m extremely grateful for his help.