In general, penalties for driving under the influence are severe even for the first offense. However, the law does allow a judge to decide the final sentence. For a second offense, the judge has less discretion because there are mandatory minimum sentences that he or she must impose under Virginia law. You should note that subsequent offenses increase the possible penalties and the mandatory minimum sentences. In addition, getting a second DUI within a close time to your first DUI will also increase the penalties. 

The Virginia Department of Motor Vehicles states that if you are driving your own vehicle at the time of your second DUI and your license are still under suspension from your first DUI, then officers will impound your vehicle for 90 days, and the court may add an additional 90 days to that. You will also lose your driver’s license for three years. The court may sentence you to up to one year in jail. You will also pay a $500 minimum fine. 

If you get your second DUI within ten years of your first, you will face an additional mandatory sentence of 10 days in jail. If it has only been five years or less since your first DUI, the court will add an additional 20 days to your jail sentence at minimum. 

Note that if you refuse a breathalyzer test and you refused one during your first DUI arrest that the state will suspend your license for three years. You cannot get driving privileges at all during the three-year suspension time. This information is for education and is not legal advice.