Reviewed against Virginia sources current as of August 21, 2026. A charge labeled “second offense” does not by itself prove a qualifying prior conviction, guilt, a sentence, or a driver’s-license result. The charging papers, dates and records for any prior matter, chemical-test or refusal allegations, and applicable court orders must be reviewed together. This page provides general information and does not predict what will happen in a particular case.
Virginia Code § 18.2-270 separates a second offense committed less than five years after a prior offense from one committed five to 10 years after a prior offense. The relevant event is not simply a prior arrest or charge. Subsection E identifies convictions and juvenile findings that may count, including specified Virginia offenses and substantially similar laws of another state or the United States.
Whether a prior matter qualifies can depend on the statute, disposition, date, court, and record. A third offense within 10 years and specified later offenses following certain felony convictions are addressed separately in § 18.2-270(C). The firm’s Virginia Beach felony DUI page covers that distinct topic. The broader Hampton Roads DUI overview explains the alternative alcohol-, drug-, and combined-influence theories in Virginia Code § 18.2-266.
The table summarizes the current statutory framework. It distinguishes the sentencing range from the portion described as a mandatory minimum. It does not forecast a sentence. Other charges, the record, elevated chemical-test results, and a passenger age 17 or younger can affect the analysis.
| Alleged repeat-offense window | Current statutory framework |
|---|---|
| Second offense committed less than five years after a prior offense | Section 18.2-270(B)(1) states a mandatory minimum fine of $500, confinement from one month to one year, and a 20-day mandatory minimum sentence. |
| Second offense committed five to 10 years after a prior offense | Section 18.2-270(B)(2) states a mandatory minimum fine of $500, confinement of at least one month, and a 10-day mandatory minimum sentence. The Class 1 misdemeanor maximum in § 18.2-11 is 12 months and a $2,500 fine, either or both. |
| Qualifying alcohol level from at least 0.15 through 0.20 | For a second offense within 10 years, § 18.2-270(B)(3) adds a 10-day mandatory minimum period of confinement. |
| Qualifying alcohol level greater than 0.20 | For a second offense within 10 years, § 18.2-270(B)(3) adds a 20-day mandatory minimum period of confinement. |
| Passenger age 17 or younger | Section 18.2-270(D) adds a fine of $500 to $1,000 and a five-day mandatory minimum period of confinement. |
Section 18.2-270(F) states that mandatory minimum punishments under the section are cumulative and that mandatory confinement terms are served consecutively, subject to the applicable statutory maximum. A webpage cannot determine which subsection applies or how the court will resolve disputed prior-record, testing, or evidentiary questions.
Virginia Code § 46.2-391.2 provides an immediate administrative-suspension process when its testing or refusal, charging, and notice conditions are met. For a charge alleging a second offense, the stated period is 60 days. If it has not already expired, the suspension generally expires at the day and time of trial, except that it does not expire during the first seven days.
The same section provides a process for court review. Current law also permits a person suspended after being charged with a second offense to petition the general district court where the charge occurred for restricted driving and ignition interlock under the statute’s conditions. A petition is not an automatic grant, and the page does not determine eligibility.
Under Virginia Code § 18.2-271(B), a qualifying second conviction within 10 years operates to revoke the person’s Virginia driving privilege for three years from judgment. The section states that this period is in addition to the administrative suspension. It also addresses consecutive operation with specified refusal and prior suspension or revocation periods. Subsection D states that a suspension or revocation period does not begin to expire until the license is surrendered to the court or DMV.
Virginia Code § 18.2-271.1 generally requires a person convicted under § 18.2-266 to enter and complete a certified alcohol safety action program, subject to the assessment and good-cause provision in that section. A court may issue a restricted permit for good cause when the statutory conditions are met, but the purposes, conditions, and availability depend on the governing subsection and court order. A restricted permit under this section does not authorize operation of a commercial motor vehicle.
For a conviction other than a first offense, § 18.2-271.1 conditions restoration on ignition interlock on each motor vehicle owned by or registered to the person, in whole or in part, for 12 consecutive months without alcohol-related interlock violations. Virginia Code § 18.2-270.1 contains related interlock, monitoring, restricted-driving, and employer-vehicle provisions. The prior page’s categorical four-month, one-year, and six-month statements are not a safe summary of the current statutes.
Virginia Code § 18.2-268.2 addresses implied consent to post-arrest testing when a person operates on a Virginia highway and is arrested for a listed offense within three hours of the alleged offense. It distinguishes breath testing for specified alcohol allegations from blood testing in specified drug or combined-influence circumstances. This post-arrest process is not interchangeable with a roadside preliminary breath test.
Virginia Code § 18.2-268.3 separately governs unreasonable refusal, advisement, procedures, and penalties. A later breath-test refusal can be a Class 1 misdemeanor when the statute’s 10-year prior-history conditions are met; the statute treats blood-test refusal differently. A refusal allegation can also create a license consequence separate from the underlying DUI charge. This page does not advise anyone to take or refuse a test.
No item on this list establishes a defense or result by itself. What can be obtained, admitted, challenged, or proved depends on the facts, procedural posture, and governing rules.
The Virginia Court System explains that general district courts hear traffic violations and misdemeanor cases. The official Virginia Beach General District Court page publishes current location, contact, and scheduling information. Court schedules can change, so the court and date printed on the charging papers control. A felony allegation or appeal can follow a different path.
Employment, insurance, military, licensing, immigration, and other collateral effects depend on the conviction, record system, policy, and decision-maker. They should not be predicted categorically. Under the current petition-sealing statute, Virginia Code § 19.2-392.12 lists convictions under § 18.2-266 as ineligible for sealing under that section. A charge that does not result in that conviction may present a different expungement or sealing question.
Is every second DUI charge a felony? No. Section 18.2-270 generally treats a qualifying second offense within 10 years as a Class 1 misdemeanor. A third offense within 10 years and specified offenses following certain felony convictions can be felonies. The actual prior record must be reviewed.
Does “10 days” or “20 days” describe the whole sentencing range? No. Those figures can describe mandatory minimum portions of the sentence. Section 18.2-270 also states broader confinement ranges, and additional mandatory terms may apply.
Can a person automatically receive a restricted license? No. Current statutes provide petition and restricted-permit mechanisms, but eligibility, permitted use, VASAP, interlock, monitoring, vehicle, and court-order conditions must be reviewed. A general page cannot promise approval.
Does a chemical-test result decide the case by itself? A qualifying result can be important evidence and can trigger specific statutory provisions, but admissibility, statutory compliance, the charged theory, prior-offense proof, and other evidence remain case-specific.
Can prior results or attorney recognition predict an outcome? No. Credentials, rankings, testimonials, or an outcome in another matter do not establish what will happen in a pending case. No dismissal, reduction, plea, acquittal, license result, or sentence should be guaranteed.
The firm’s published attorney profiles identify Dante Wright and Maxie Lawton as co-founders and list DUI and serious traffic matters among their practice areas. The firm’s first-offense DUI page addresses the distinct first-conviction framework. These public facts do not imply a credential, ranking, case volume, or result.
To ask whether the firm is available to review a pending Virginia DUI matter, call 757-777-9285 or use the firm’s contact page. Sending information does not mean the firm has accepted the matter and does not create an attorney-client relationship. Do not send confidential or time-sensitive information until the firm confirms how it should be provided.
This page is general legal information, not legal advice. Reading it or contacting the firm does not by itself create an attorney-client relationship. A Virginia attorney must review the facts, documents, and current law before advising on a particular matter.
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