Multiple DUI Attorney in Richmond, VA

20 Years of Criminal Defense. Over 1,000 Cases. Ready for What a Second or Third DUI Demands.

A second or third DUI charge isn’t a repeat of what you faced before. Penalties escalate sharply, mandatory minimums remove judicial discretion, and a third offense within 10 years crosses into felony territory. At Janus & Stone, Taylor B. Stone brings more than 20 years of Richmond criminal defense experience and over 1,000 cases handled to clients facing exactly this situation.

Stone is a Richmond native and University of Richmond School of Law graduate who practices in both Virginia state and federal courts. His approach centers on a thorough review of the facts, a clear-eyed assessment of available options, and direct communication at every stage of the case.

If you’ve been charged with a second or third DUI in Richmond, contact us at (804) 265-4441 before administrative deadlines and pretrial procedures start moving without you.

Virginia’s 10-Year Lookback Period & the Felony Threshold

Virginia Code Section 18.2-270 governs DUI penalties using a 10-year lookback period. Any DUI conviction within the past 10 years counts when the court determines the charge level and sentencing range on a new offense. Where your prior conviction falls within that window determines how serious the consequences become.

A second DUI within 10 years remains a Class 1 misdemeanor, but mandatory minimums for jail time and fines apply immediately. A third DUI within 10 years is classified as a Class 6 felony. Once any DUI conviction is a felony, all future DUI convictions are treated as felonies regardless of when they occur. The mandatory minimums under Section 18.2-270 are cumulative and consecutive. A judge can’t reduce or suspend them.

Second DUI Penalties in Virginia

The penalties for a second offense differ depending on how close in time it falls to the first conviction.

Second offense within 5 years of the first:
Mandatory minimum of 20 days in jail and a $500 fine. If the blood alcohol content was between 0.15 and 0.20, an additional 10 mandatory days apply. A BAC above 0.20 adds 20 mandatory days.

Second offense within 10 years (but more than 5 years from the first):
Mandatory minimum of 10 days in jail and a $500 fine, with the same elevated-BAC additions.

Both scenarios carry a 3-year driver’s license suspension. An ignition interlock device (IID), a breath-test mechanism installed in the vehicle that prevents it from starting if alcohol is detected, is required whether or not a restricted license is granted. Completion of the Virginia Alcohol Safety Action Program (VASAP) is also mandatory. Refusing a breath or blood test triggers separate administrative consequences under Virginia’s implied consent law, independent of the DUI charge itself.

Third DUI Charges & the Class 6 Felony

A third DUI within 10 years is a Class 6 felony under Virginia law. The mandatory minimum incarceration is 90 days when the three offenses fall within a 10-year window, and rises to 6 months if all three occurred within 5 years. The mandatory minimum fine is $1,000.

Beyond incarceration and fines, a third conviction brings permanent revocation of the defendant’s Virginia driver’s license. The vehicle solely owned and operated by the defendant at the time of a felony DUI is subject to seizure and forfeiture. Multiple DUI offenders are also required to pay restitution to the Trauma Center Fund. VASAP completion and IID installation remain mandatory.

A fourth or subsequent DUI within 10 years carries a mandatory minimum of one year of imprisonment and a $1,000 fine. A DUI conviction generally remains on the Virginia driving record for 11 years; for commercial motor vehicle DUI convictions, the record entry is permanent.

How We Defend Multiple DUI Cases in Richmond

Stone regularly appears in Richmond General District Court and Richmond Circuit Court and knows how local prosecutors and judges approach these matters. Every defense begins with a thorough review of the traffic stop and arrest because evidence obtained through an unlawful stop or procedurally defective arrest may be challengeable before trial begins.

Defense opportunities in multiple DUI cases typically fall into several categories:

• Stop and arrest validity: Whether law enforcement had the legal basis to pull over and detain the driver
• Field sobriety test administration: Whether the tests were performed and scored according to standardized procedures
• Breathalyzer calibration and chemical test reliability: Whether the testing equipment was properly maintained and the test was administered correctly
• Procedural errors: Whether law enforcement followed required protocols at every stage
• Prior conviction validity: Whether prior convictions used to enhance the current charge were properly established under Virginia law

Richmond Police Department and Virginia State Police officers use body cameras and standardized testing equipment. Both can yield evidence worth examining closely. When the facts support a negotiated outcome, Stone works with prosecutors toward reduced charges or alternative resolutions. When they don’t, he litigates. A plea isn’t the default simply because the charge is serious.

Experience & Credentials That Matter at This Level

When mandatory minimums are fixed and a felony conviction is on the table, the depth of your attorney’s experience carries real weight. Stone is admitted to practice before the U.S. Supreme Court, the Fourth Circuit Court of Appeals, the Supreme Court of Virginia, and the U.S. District Courts for the Eastern and Western Districts of Virginia. That appellate background reflects a command of criminal procedure and evidentiary standards that shapes how he evaluates cases at every level.

Stone holds membership in the Virginia Criminal Defense Lawyers Association (VACDL) and the National Association of Criminal Defense Lawyers (NACDL), and Janus & Stone has been recognized by Virginia Business Legal Elite. Clients throughout Virginia also know that calls and emails are returned promptly. Direct, consistent communication is a firm commitment, not a contingency.

Contact Janus & Stone About Your Multiple DUI Charge

When a second or third DUI is on the table, time matters. Administrative license suspension, IID compliance deadlines, and pretrial procedures begin moving immediately after an arrest. The earlier we’re involved, the more options may remain available to you.

We represent clients facing multiple DUI charges in Richmond and throughout Virginia. Call us at (804) 265-4441 or reach us through our online contact form to discuss your case.