What Makes a DUI a Felony in Virginia?

Driving under the influence (DUI) is a serious offense in Virginia, and certain circumstances can elevate a DUI charge to a felony. Understanding what makes a DUI a felony in Virginia is crucial for anyone facing these charges. 

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC are ready to defend against any felony DUI charges you face. We know the serious implications they have on your life and potential freedoms.   

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When Does a DUI Become a Felony in Virginia?

Most first or even second DUI offenses are misdemeanors under Virginia law. Even these are extremely serious, especially as they can never be removed from your record. However, a felony charge is even more serious. It has greater impacts on your constitutional rights and carries much higher penalties. This can include many years in prison, high fines, and a permanent felony history. 

In Virginia, a DUI can become a felony under the following circumstances:

1. Third DUI Conviction within 10 Years

If you are convicted of a DUI for the third time within a 10-year period, it is considered a Class 6 felony. This means you could face:

  • Mandatory Minimum Sentence: At least 90 days in jail.
  • Fines: A minimum fine of $1,000.
  • License Suspension: Indefinite suspension of your driver’s license.
  • Ignition Interlock System: Requirement to install an ignition interlock device on any vehicle you own, co-own, or operate.

The prosecutor must prove the prior convictions and the elements of your current DUI in order to get a conviction. Avoiding a conviction at any stage may help keep charges from ever becoming a felony.

2. Involuntary Manslaughter or Aggravated Involuntary Manslaughter

If a DUI results in the death of another person, it can be charged as involuntary manslaughter or aggravated involuntary manslaughter. These charges are considered felonies and carry severe penalties:

  • Involuntary Manslaughter: Class 5 felony, punishable by 1 to 10 years in prison and a fine of up to $2,500.
  • Aggravated Involuntary Manslaughter: Class 4 felony, punishable by 1 to 20 years in prison.

3. Serious Injuries

If a DUI results in serious injuries to another person, it can also be charged as a felony. The penalties for causing injury while driving under the influence include:

  • Imprisonment: Up to 4 years in prison.
  • License Revocation: Revocation of driving privileges for up to 5 years.
  • DUI Classes: Mandatory completion of DUI classes.
  • Restitution: Payment of restitution to the injured party.

Legal Strategies for Defending Against Felony DUI Charges

If you are facing felony DUI charges in Virginia, it is essential to consult with an experienced DUI defense attorney. They can help you develop a strong defense strategy, which may include:

  • Challenging the Evidence: Questioning the validity of the field sobriety tests, breathalyzer results, or blood tests.
  • Investigating the Traffic Stop: Ensuring that the initial traffic stop was conducted legally.
  • Presenting Alternative Explanations: Providing evidence of medical conditions or other factors that may have affected your performance on the tests.
  • Negotiating Plea Deals: Working with the prosecution to potentially reduce the charges or penalties.

How to Choose a Felony DUI Defense Attorney

When you face serious charges, there is a lot going through your mind. You may be facing serious prison time and other major impacts to your life. When you go to choose your attorney, you should consider all of the following:

  • The attorney’s experience with felony-level DUI and criminal defense work
  • The number of years of legal experience
  • The attorney’s resources and knowledge

Seek Help from a Felony DUI Defense Attorney in Virginia

Understanding what makes a DUI a felony in Virginia is crucial for anyone facing these charges. By knowing the specific circumstances that elevate a DUI to a felony and the severe penalties associated with it, you can better prepare for your defense. If you find yourself in this situation, seek legal counsel to protect your rights.

At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are ready to help. Contact us today for a free consultation of your case.