A second DUI in Virginia

On a second offense within ten years the same arithmetic runs harder: a reading of 0.15 to 0.20 adds a mandatory minimum of ten days, and above 0.20 adds twenty, with a mandatory minimum fine of $500. Virginia stacks these — mandatory minimums under this section are cumulative and served consecutively, capped only by the statutory maximum for the class.

Start from what the statute forces and what it leaves to the judge. The floor here is up to 12 months, and it moves on the facts: a reading of 0.15 or above means mandatory days that cannot be suspended. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

Class 1 misdemeanor: up to 12 months, and a fine of mandatory minimum $500 where the reading is high. The range is set by Va. Code § 18.2-270(B)(3), (F), and the figures on this page come from the statute rather than from a summary of it.

A reading of 0.15 or above — mandatory days that cannot be suspended.

Virginia writes the requirement into the restricted license itself: the court prohibits you from driving anything without a certified interlock for at least 12 consecutive months free of alcohol-related violations. The device must block ignition above 0.02% and run rolling retests, which sound the horn and flash the lights if you fail or skip one. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by A local Alcohol Safety Action Program (ASAP), overseen by the Commission on VASAP.