Although Virginia generally charges your first two DUIs as misdemeanors, a third one within 10 years is a Class 6 felony. A DUI is not always predicated on your blood alcohol content (BAC) being 0.08 or above, or 0.04 if you are a commercial driver, and 0.02 if you are a minor. If a law enforcement officer believes you are impaired, they could still charge you.
A seasoned DUI defense attorney could advise you about how felony charges could impact your life. You may lose your driving privileges, spend time in jail, narrow your job opportunities, and pay steep fines, among other penalties. Do not leave a situation this serious to chance. Our Charlottesville felony DUI lawyer, Michael La Fratta, could review your case and work tirelessly to achieve the best outcome for you. Contact La Fratta Law today to schedule your consultation.
Virginia law enforcement could charge you with a Class 6 felony DUI, even if it is your first offense, depending on the circumstances. The conditions for making a DUI a felony charge include:
Our experienced Charlottesville felony DUI attorney could become familiar with the facts of your case and pursue every available defense.
Receiving a third DUI within 10 years of others could result in penalties that include imprisonment for up to five years or a fine of $2,500 and imprisonment for one year. You must serve a mandatory 90 days in jail and pay at least a $1,000 fine, but if the third DUI is within five years of the first two, minimum jail time doubles to six months.
If you commit a fourth or subsequent DUI within 10 years, it is still a Class 6 felony, but the minimum jail time escalates to one year, with no alternative based on the judge’s leniency.
If your DUI charge is related to serious bodily injury, which Virginia defines as disfigurement, risk of death, or extreme pain, your charge may be a Class 6 felony, including one to five years in prison if your conduct is reckless. However, if the injuries to another result in permanent and significant impairment, your charges may rise to a Class 4 felony, which could land you in prison for two to 10 years.
If a DUI results in someone’s death, you will face one of two charges, depending on how reckless the court finds the related actions. The lesser charge is involuntary manslaughter, with one to 10 years in prison or a hefty fine and up to one year in prison. If the behavior was extremely reckless, your charge may be aggravated involuntary manslaughter with a prison sentence of up to 20 years. The judge will assess your BAC, whether you were speeding excessively, and other factors. If charged with a felony DUI, you must contact a Charlottesville defense lawyer for representation.
Felony DUI penalties exceed incarceration and fines. You may also lose your driving privileges and must submit to a mandatory alcohol education class, along with the installation of a BAC ignition monitor in your car. Other penalties could affect your ability to travel internationally and your commercial driver’s license.
At La Fratta Law, Michael La Fratta fights for solutions that have the least impact on your future while developing a strong defense against your charges. Contact our office today to consult a Charlottesville felony DUI lawyer.
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