I need advice
Being convicted of a Second or Subsequent DWI carries a mandatory jail sentence. It is essential that you be represented by competent DWI defense counsel that can do everything to see if you can prevent such a conviction or a conviction for DWI at all. Good luck.
None of my comments on AVVO's website constitute legal advice. It is only food for thought for possible matters to address with a qualified lawyer in your jurisdiction.
If convicted you have mandatory jail if the previous conviction qualifies as a predicate offense. An attorney can advise you and possible defenses or pleas.
If you are convicted of a 2nd DWI within 5 years of your previous DWI, you will be sentenced to at least one month of jail time, 20 days of which you will have to serve as a mandatory minimum. Further, on a second offense, any mandatory time for BAC level is doubled. That means if you are convicted of a DWI with a BAC between 0.15% and 0.20%, that will trigger an additional 10 mandatory days (as opposed to the usual 5). If you are convicted of a DWI with a BAC higher than 0.20%, that will trigger an additional 20 mandatory days (as opposed to the usual 10). It is very important that you retain a DUI/DWI attorney to work through the details of your case and discuss your options and likely outcomes. Good luck.
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.
I am sorry for your situation, You really need to retain a local lawyer to assist you! Take care.
Answers to questions are meant to be general information that an asker can use to further understand a situation and do NOT create an attorney-client relationship. This forum can help non-lawyers learn something they can use if and when they retain a lawyer outside the context of this site.
If you are convicted of a 2nd offense DUI in Virginia, the punishment includes a mandatory jail sentence, a mandatory fine and a mandatory 3-year license suspension, among other things. If the outcome is important to you, then you need to do everything possible to put yourself in the best position to get the best result. Obviously, one such thing is to retain an experienced, respected and successful lawyer with credentials showing the lawyer has particular expertise in Virginia DUI/DWI Defense.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline