Three or More DUI Offenses in Virginia Beach

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:

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 25 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.

Send us an email or call us at (757) 267-4949 to schedule your consultation!