Got second dui in 5year .my court date in July .back was high they took blood sample which not come yet but I blow allote bac
3 attorney answers
I don't think you have provided enough facts to properly answer your question. your best bet is to retain a defense attorney and go over the case with him or her. A second offense within 5 years triggers a 20 day mandatory minimum and doubles the mandatory minimums associated with elevated BACs. If you blew above a 0.20%, you could be facing a grand total of 40 days in mandatory minimums alone. Hire counsel.
These comments are meant to provide some general information and DO NOT constitute legal advice and DO NOT create an attorney-client relationship. I would highly encourage anyone seeking legal advice to contact a qualified attorney in your jurisdiction for legal advice.
Speak to your attorney who is representing you. Many jails, during Covid-19 pandemic are not permitting weekend sentences, so again, you need to speak to your attorney.
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You will have 20 mandatory days jail time and more jail days if your BAC is higher than 0.15 or 0.20. Hire a criminal defense lawyer.
B. 1. Any person convicted of a second offense committed within less than five years after a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year.
§ 18.2-270. Penalty for driving while intoxicated
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