Virginia DUI/DWI Felony
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Depending upon the extenuating circumstances of your case as well as your criminal record, your DUI OR DWI charge in the Commonwealth of Virginia can be classified as either a misdemeanor or a felony. If this is your first DUI/DWI and there are no extenuating circumstances involving the bodily injury or death of another person, then your DUI/DWI is considered to be a misdemeanor.
Similarly, if you’ve been charged with a second offense DUI/DWI and there are no extenuating circumstances involving the bodily injury or death of another person, then your DUI OR DWI is also considered to be a misdemeanor. However, if you are unfortunate enough to be charged with a third or subsequent DUI OR DWI offense within ten years, you will be charged with a felony.
Defining The Categories Of Felonies
What is a felony? Crimes are typically classified as misdemeanors or felonies. In the Commonwealth of Virginia, misdemeanors are less serious crimes and carry a maximum of one year in jail. On the other hand, felonies are more serious crimes that can carry a maximum sentence of death or up to a life sentence in the state prison system. The Commonwealth of Virginia has six classes of felonies. Class 1 felonies are the most serious and carry a death sentence as well as a fine up to $100,000. Class 2 felonies carry a jail sentence of twenty years to life as well as a fine up to $100,000. The classes of felonies decrease in seriousness and sentence all the way down to Class 6 felonies which carry a sentence of one to five years in prison or twelve months in jail as well as a fine up to $2,500.
Multiple Convictions Can Result In A Felony
When is a DUI/DWI a felony? If you are charged with a third or subsequent offense DUI/DWI, you will be facing a felony charge. In addition to the prison time and fines you face with a felony charge, you need to understand the seriousness of having a felony conviction on your criminal record. Having a felony conviction on your record can strip you of your right to vote as well as disqualify you for any number of job opportunities.