Three or More DUI Offenses in Virginia Beach
Aggressive Defense Against Multiple DUI Charges – (757) 267-4949
In Virginia, a third or subsequent DUI offense is considered a felony offense, as opposed to a misdemeanor. Due to the severity of these types of crimes, it is important to obtain legal counsel from a qualified criminal lawyer. At The Law Offices of Daniel J. Miller, our legal team possesses the extensive knowledge of Virginia laws and court proceedings to help you get your penalties reduced or your case dismissed. Our attorney can navigate through the complexities of the legal system with you from start to finish.
What is A Felony DUI?
When you are arrested for a DUI in Virginia, it can be charged as either a misdemeanor or a felony. Felony, being the scary word that is, does accurately depict the severity of this charge. Those charged with a felony may be looking at serious jail time with a number of other losses of freedom that persist long after your jail sentence.
In Virginia, most DUIs are misdemeanors. In fact, the first two DUIs usually are charged this way. These are the common DUI charges, wherein an individual is simply pulled over, discovered by a police officer to be over the legal limit, and then the normal process ensues. Penalties for a first or second offense include a relatively short jail sentence, manageable fines, and mandatory classes and programs. At a certain point, the misdemeanor may fall off of your record, and it could be as though the incident never happened.
However, when an individual collects his or her third DUI, the court system treats this as habitual offending, and punishes it as a felony. When an individual’s third DUI is charged as a felony, he or she will face years in prison, fines reaching tens of thousands of dollars, and three or four years without the ability to obtain even a restricted license. If an individual is facing a felony DUI that caused great bodily harm or even death, prison sentences can reach decades, and that individual will then lose the right to vote or international travel. Additionally, this offense will forever be a blemish on any background check.
Each DUI after the third will also be charged as a felony, each with increasing prison time and harsher consequences, perhaps even losing the ability to obtain a Driver’s License for the rest of your life. In addition to the number of DUIs, the following factors may turn a misdemeanor DUI into a felony DUI, even if it is an individual’s first offense:
- Great bodily harm
- Severe property damage
- Child endangerment
- Vehicular manslaughter
Third DUI or Subsequent DUI Penalties
If you have been convicted of a third DUI offense within 10 years, it is classified as a Class 6 felony, punishable by a maximum prison sentence (mandatory minimum of 90 days) of five years and a fine of up to $2,500. However, if it’s your third DUI offense within five years, there is a mandatory minimum jail sentence of six months and mandatory minimum fine of $1,000.
If you have been convicted of a fourth or subsequent DUI offense within 10 years, it is classified as a Class 6 felony. However, the mandatory prison minimum is one year instead of 90 days or six months. In any one of these occasions, your license will be suspended indefinitely.
Call (757) 267-4949 Today For A Consultation
There is hope in all cases to reduce a felony charge to a misdemeanor or perhaps even have the charge dropped due to lack of evidence. While we cannot promise any particular result, we can assure you that we will devote all of our efforts and resources to your vindication. Contact the Law Offices of Daniel J. Miller today. With more than 20 years of combined experience, our attorneys can provide the legal assistance necessary to obtain the outcome you need. Let us protect your rights, reputation, and freedom today.
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Driving Under the Influence 4th Offense– Bond Hearing DUI
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
Driving Under the Influence DUI
Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.
Driving Under the Influence DUI
Our client was charged with driving under the influence after a concerned citizen called the police to report unusual driving behaviors. Even though the behavior was odd, it did not amount to criminal activity. The charge was dismissed on a motion to strike.
Driving Under the Influence 3rd Offense DUI
Our client plead not guilty to a felony count of driving under the influence third offense. Based upon a totality of the circumstances, the failure to prove circumstantially that our client was impaired by the use of alcohol as alleged the charge was reduced to reckless driving with a $250 fine.
ASAP Violation DUI
Our client was charged with violating the terms of ASAP by failing to complete all the required classes. Our client had moved out of state and had completed some classes but not at the direction of her ASAP advisor. The court found that based upon evidence provided and argument presented that our client had substantially complied and the charge was dismissed.
No Time Served Suspended License
Our client driving on a suspended license, this was his 5th offense.
All Charges Dismissed Suspended License
Our client was charged with driving on a suspended license.
Reduced to Standard DUI Offense Driving Under the Influence
Our client was charged with driving under the influence 2nd offense with a blood alcohol content of .23 which carried a mandatory minimum amount of thirty days in jail and an assault and battery of a law enforcement officer which carries a mandatory minimum of 6 months in jail.
Case Dismissed Driving Under the Influence
Our client was charged with driving under the influence second offense - accident with a blood alcohol content of .18.
Case Dismissed Boating Under the Influence
Our client was charged with boating under the influence when his Jet Ski was apprehended based upon beach life guard's phone call.