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Second DUI Offense

Virginia Second-Offense DUI Attorneys

Defending Clients Who Are Facing Charges For a Second-Offense DUI in Hampton Roads & Newport News

Driving while intoxicated (DWI) is a serious offense. Also referred to as driving under the influence (DUI), this crime could lead to severe penalties, including incarceration, fines, and a driver's license suspension. The punishments increase substantially for a second-offense DWI. If you've been accused of drinking and driving, it's imperative to get a lawyer on your side who knows the law and the nuances of DUI cases.

Backed by nearly 40 years of combined experience, our Coastal Virginia attorneys at Tillotson & Martin, LLC, know what it takes to develop effective defenses for DWI charges. When we take on such cases, we thoroughly examine the facts, including the events leading up to the arrest and how the chemical tests were administered.

Our team is well-versed in DWI law, so much so that not only do we train other attorneys, but we were also asked by Thomson Reuters Westlaw - the authority in legal publishing - to write the book as part of their Virginia practice series. Judges, prosecutors, and lawyers often reference this as a resource. Recognizing that the science in DWI cases is harder than most other criminal matters, we stay current with the methods and technologies used to build evidence against the accused. Both Attorney Tillotson and Attorney Martin are Breath Test operators, and Attorney Martin is an ACS-CHAL Forensic Lawyer-Scientist and has also completed a Drug Recognition Expert (DRE) training.


Have you been arrested for a DUI for the second time? Call Tillotson & Martin, LLC, today at (757) 568-7978 or contact us online to schedule a free case evaluation with our second-offense DUI lawyers in Virginia.


What Are the Penalties for a Second-Offense DWI In Virginia?

If you're arrested and/or convicted of driving while intoxicated, you could face administrative and criminal penalties.

  • Administrative Penalties- Even before your criminal case is concluded, you may be subject to an Administrative License Suspension (ALS). If you lose your driving privileges and you hold a Virginia driver's license, you are not allowed to operate a vehicle on any road. If you're from out-of-state and you are arrested for drinking and driving in Virginia, you will not be allowed to drive within the state. The driver's license suspension for a second DUI is for 60 days or until your trial (whichever comes first).
  • Criminal penalties are those the court imposes after a conviction. The exact punishments depend on several factors, including the length of time since your previous conviction and your blood alcohol content (BAC).

The potential penalties are as follows:

  • Second DUI within less than 5 years:
  • Second DUI within less than 5 years and a BAC between .15 to .20:
    • Jail for up to 1 year, with a mandatory minimum of 30 days
    • A fine of up to $2,500
    • Driver's license suspension for 3 years (eligible for a restricted driver's license after 1 year)
    • Ignition interlock device installation for 6 months to 2 years
  • Second DUI within less than 5 years and a BAC at .21 or higher:
    • Jail time for up to 1 year, with a mandatory minimum of 40 days
    • A fine of up to $2,500, with a mandatory minimum of $1,000
    • Driver's license suspension for 3 years (eligible for a restricted driver's license after 1 year)
    • Ignition interlock device installation for 6 months to 2 years
  • Second DUI within 10 years and a BAC at .14 or below:
    • Jail time of up to 1 year, with a mandatory minimum of 10 days
    • A fine of up to $2,500, with a mandatory minimum of $500
    • Driver's license suspension for 3 years (a restricted driver's license may be granted after 4 months)
    • Ignition interlock device installation for 6 months to 2 years, 8 months

Second DUI Within 10 Years

  • Second DUI within 10 years and a BAC between .15 and .20:
    • Jail time for up to 1 year, with a mandatory minimum of 20 days
    • A fine of up to $2,500
    • Driver's license suspension for 3 years (eligible for a restricted driver's license after 4 months)
    • Ignition interlock device installation for 6 months to 2 years, 8 months
  • Second DUI within 10 years and a BAC at .21 or higher:
    • Jail time for up to 1 year, with a mandatory minimum of 30 days
    • A fine of up to $2,500
    • Driver's license suspension for 3 years (a restricted driver's license may be granted after 4 months)
    • Ignition interlock device installation for 6 months to 2 years, 8 months

Contact Our Second-Offense DUI Lawyers Today

If you are being charged or convicted of a second DUI offense in Virginia, it is important to seek legal counsel from an experienced attorney. At Tillotson & Martin, LLC, we understand the complexities of Virginia's DUI laws and regulations and can provide you with qualified representation. By hiring us, you can be assured that your rights will be protected throughout the legal process. Our Virginia second-offense DUI attorneys understand that this can be a stressful and confusing time, and you may be worried about the impacts on your future. We will skillfully guide you through the process and help you understand what to expect. Contact us today for a free evaluation to discuss your case and discover your best options.


Contact Tillotson & Martin, LLC, today to get started on your defense with our Virginia second-offense DUI attorneys. We are here to answer any questions you may have.


Put Tillotson & Martin on Your Side Why Choose Our Firm?
  • We Wrote the Book.
    We were tasked with writing the book on Virginia DUI Law by Thomson Reuters Westlaw, the leading authority in legal publishing. Prosecutors, defense attorneys, and judges often turn to this resource.
  • We Possess the Knowledge.
    Not only are our attorneys committed to attending continued education courses, they lecture and teach courses themselves. In a field as scientific and technical as DUI Defense, keeping our knowledge up to date is crucial to crafting our clients' defense strategies.
  • We Truly Care.
    Mike Tillotson & Jeff Martin go the extra mile for their clients. Our team realizes that this is your future at stake and we will employ every strategy to ensure that we are providing you with the best representation possible.
  • We Have the Fight to Win.
    With nearly 40 years of combined experience, Mike Tillotson and Jeff Martin have successfully handled thousands of DUI cases, and has tried cases across the entire state of Virginia.
Free Consultations Available Contact Tillotson & Martin Today

Call (757) 568-7978 or Fill Out a Form for a Free Case Evaluation

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