Driving under the influence (DUI) is a serious offense in Virginia. While most DUIs are misdemeanors, certain circumstances escalate the charge to a felony. Understanding these rules is critical for anyone facing DUI charges or learning about Virginia law.
What Is a Misdemeanor DUI in Virginia?
A misdemeanor DUI usually applies to first or second offenses within a 10-year period. Penalties can include:
- Jail Time: Up to one year for a first or second offense.
- Fines: Between $250 and $2,500.
- License Suspension: One year for a first offense and up to three years for a second.
- Six DMV Demerit Points: Remains to your driving record for 11 years.
- Mandatory Alcohol Education: Completion of the Virginia Alcohol Safety Action Program (VASAP).
- Ignition Interlock Device: Mandatory if you want a restricted license.
Misdemeanors are less severe than felonies but can still have long-term consequences for driving records, insurance rates and employment.
How Does a DUI Become a Felony in Virginia?
A DUI becomes a felony primarily under three circumstances:
- Third or subsequent DUI within 10 years.
- DUI resulting in serious bodily injury or death.
- DUI with a minor under 17 in the vehicle (combined with other aggravating factors).
Felony charges carry longer jail sentences, higher fines, indefinite license revocation, and possible vehicle forfeiture.
Virginia treats repeat DUI offenses harshly because repeat offenders pose higher public safety risks. A third DUI within 10 years becomes a Class 6 felony, with mandatory jail time, large fines, indefinite license suspension, and possible vehicle forfeiture. These penalties aim to deter dangerous driving behavior.
What Happens If a DUI Causes Serious Injury or Death?
If a DUI leads to serious bodily harm or death, felony charges like maiming or involuntary manslaughter may apply. Convictions carry long prison sentences, permanent criminal records, and significant civil liability. Legal guidance is essential to navigate these complex charges.
How Does a DUI With a Child in the Vehicle Affect Charges?
Driving under the influence with a child under 17 may increase penalties. While the DUI charge itself will not be elevated to a felony, if the DUI is accompanied by the transport of a minor (violation of Va. Code 16.1-278.9), Virginia law treats this as a serious aggravating factor.
If you’re facing a DUI in Virginia, it’s important to act quickly. Our experienced traffic law attorneys understand the local courts and can help you explore defenses, minimize penalties, and protect your record. Contact our office today to schedule a free consultation.
