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At The Law Offices of Daniel J. Miller, our commitment to safeguarding your rights and securing your future is unwavering. If you're facing the daunting prospect of a felony DUI charge in Virginia, we understand the gravity of the situation. A felony DUI conviction can have life-altering consequences, affecting your freedom, reputation, and future opportunities. That's why our team of experienced Virginia Beach felony DUI lawyers is dedicated to providing you with the aggressive legal representation you need.
Call The Law Offices of Daniel J. Miller today at (757) 267-4949 or contact us online to schedule a meeting with our felony DUI attorney in Virginia Beach!
When is a DUI a Felony in Virginia?
Understanding the circumstances under which a DUI becomes a felony in Virginia is crucial for anyone facing such charges. A DUI (Driving Under the Influence) is a misdemeanor offense in the Commonwealth of Virginia. However, specific situations can elevate a DUI to a felony, leading to more severe penalties. Some common scenarios where a DUI can be classified as a felony in Virginia include:
- Third or Subsequent Offenses: If you have two or more prior DUI convictions within the past ten years, a subsequent DUI arrest will likely be charged as a felony.
- Involvement in an Accident: If you were involved in a DUI-related accident that resulted in serious bodily injury or death to another person, you may be charged with a felony.
- Child Endangerment: If you were arrested for DUI while a minor under 18 was in the vehicle, you could face felony charges under Virginia's child endangerment laws.
- Manslaughter While DUI: If your DUI offense led to a fatal accident, you may be charged with vehicular manslaughter, a felony offense carrying severe penalties.
- DUI with a Suspended or Revoked License: Driving under the influence with a suspended or revoked license can result in felony charges.
- Refusing a Breathalyzer Test: Refusing to submit to a breathalyzer test when arrested for DUI can increase penalties, including felony charges.
It's essential to remember that the specifics of each case can vary, and an experienced Virginia Beach felony DUI lawyer can assess your situation to determine the best course of action.
What Is the BAC Level for a Felony DUI in Virginia?
Virginia law classifies a DUI as a felony if the driver's BAC level is 0.20 percent or more during driving or an accident. The driver may also be charged with a felony if the driver's BAC level was 0.20 percent or more within two hours of driving. The driver may also be charged with a felony if the driver's BAC level was 0.15 percent or more within ten years of a prior DUI conviction.
Felony DUI convictions in Virginia have severe consequences that can impact your life. The penalties for a felony DUI conviction may include:
- Prison Time: Felony DUI convictions can result in significant jail or prison sentences, with terms ranging from one to 20 years or more, depending on the circumstances of the case.
- Fines: You may be subject to substantial fines of thousands of dollars.
- Driver's License Suspension: A felony DUI conviction typically leads to the revocation of your driver's license for an extended period.
- Probation: Probation is often part of the sentencing process for felony DUI convictions. This includes regular check-ins with a probation officer and compliance with specific conditions, such as mandatory alcohol treatment programs.
- Ignition Interlock Device (IID): In many cases, you may be required to install an IID in your vehicle, which prevents the engine from starting if alcohol is detected on your breath.
- Criminal Record: A felony DUI conviction will result in a permanent criminal record, affecting your employment prospects, housing, and more.
- Loss of Civil Rights: Felony convictions can lead to the loss of certain civil rights, such as the right to vote and possess firearms.
- Increased Insurance Costs: After a felony DUI conviction, your auto insurance premiums will likely skyrocket, making obtaining coverage more difficult and costly.
Contact Our Virginia Beach Felony DUI Attorney Today
Facing a felony DUI charge in Virginia is a daunting situation that requires immediate and skilled legal representation. The consequences of a felony DUI conviction are severe and can have long-lasting repercussions on your life. At The Law Offices of Daniel J. Miller, we deeply understand Virginia's DUI laws and a proven track record of successfully defending clients against felony DUI charges.
Contact the Law Offices of Daniel J. Miller today to schedule a consultation with our felony DUI lawyer in Virginia Beach!
If you are looking for a professional office, he is your man. His staff is friendly but professional.Y. Cathcart
Fantastic staff and Mr. Miller represented me well!J. Madison
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