Virginia Felony DUI Attorney
Charged with a Felony DUI in VA?
If you are facing felony DUI charges in Virginia, the consequences can be life-altering. A felony DUI conviction can lead to long prison sentences, substantial fines, and a permanent criminal record that affects your future opportunities. At Tillotson & Martin, LLC, our experienced Virginia felony DUI lawyers understand the complexities of Virginia's DUI laws and are dedicated to providing aggressive legal defense to protect your rights and future.
Call (757) 568-7978 or contact us online today to schedule an initial consultation with our team.
What is a Felony DUI?
In Virginia, a DUI (Driving Under the Influence) charge is typically a misdemeanor. However, certain circumstances can elevate a DUI to a felony offense.
The most common types of felony DUI in Virginia include:
Third DUI Offense Within 10 Years
If you are charged with a third DUI offense within 10 years, it is automatically classified as a Class 6 felony. The penalties become more severe with each subsequent conviction, and the court imposes mandatory minimum jail sentences.
DUI Resulting in Serious Bodily Injury
If a person is injured as a result of an alcohol- or drug-related accident, the driver may be charged with a felony DUI causing injury. This charge is typically prosecuted as DUI maiming under Virginia Code § 18.2-51.4 and carries severe penalties, including lengthy prison sentences and significant fines.
DUI Manslaughter (Vehicular Manslaughter)
When a DUI-related accident results in the death of another person, the driver may face a charge of involuntary manslaughter under Virginia Code § 18.2-36. If the driver’s conduct is considered grossly negligent, the charge may be elevated to aggravated involuntary manslaughter, which is a more serious felony offense.
DUI with a Minor Passenger (Second or Subsequent Offense)
If you are convicted of a second or subsequent DUI offense while transporting a child under 18, it can be elevated to a felony. This charge carries enhanced penalties, including additional mandatory jail time.
Penalties for Felony DUI in Virginia
Felony DUI convictions in Virginia lead to harsh penalties, which escalate depending on the severity of the offense and the number of prior convictions. Below are the potential penalties for different types of felony DUI charges:
Third DUI Conviction (Class 6 Felony)
- Minimum mandatory jail sentence of 90 days to 6 months, depending on the time frame between convictions.
- Fines ranging from $1,000 to $2,500.
- Indefinite suspension of driver’s license.
- Mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP).
DUI Resulting in Serious Bodily Injury
- Prison sentence ranging from 1 to 5 years for Class 6 felony maiming.
- Enhanced penalties for aggravated cases involving reckless disregard for life.
- Potential civil liability for victim damages.
DUI Manslaughter (Involuntary or Aggravated Manslaughter)
- Involuntary manslaughter: 1 to 10 years in prison.
- Aggravated involuntary manslaughter: up to 20 years in prison, with a mandatory minimum of 1 year.
- Fine of up to $2,500.
- Permanent revocation of driver’s license.
DUI with a Minor Passenger (Subsequent Offense)
- Additional jail time of up to 5 days.
- Increased fines and penalties.
Felony DUI convictions often result in permanent criminal records that can impact your career, housing, and personal relationships. An experienced Virginia felony DUI attorney can explore potential defenses and work to mitigate these severe consequences.
FAQs About Felony DUI in VA
What differentiates a felony DUI from a misdemeanor DUI in Virginia?
A DUI is elevated to a felony in Virginia under specific circumstances, such as a third offense within 10 years, causing serious injury or death, or driving under the influence with a minor in the vehicle during a subsequent offense. Felony DUIs carry harsher penalties, including longer prison sentences and larger fines.
What is the minimum jail time for a third DUI offense in Virginia?
A third DUI offense within 10 years is classified as a Class 6 felony, carrying a minimum mandatory jail sentence of 90 days if the offense occurs within 10 years, or 6 months if it occurs within 5 years.
Can I lose my driver’s license permanently after a felony DUI conviction?
Yes, a felony DUI conviction often results in an indefinite license suspension. You may be eligible for a restricted license after serving a portion of your sentence and completing required programs, but a permanent revocation may occur in severe cases, such as DUI manslaughter.
What defenses are available for a felony DUI charge in Virginia?
Common defenses include challenging the validity of the traffic stop, questioning the accuracy of breath or blood tests, disputing evidence of impairment, and proving lack of probable cause. A skilled Virginia felony DUI lawyer can assess your case and develop a strategy tailored to your situation.
Is DUI maiming considered a felony in Virginia?
Yes, DUI maiming, which involves causing serious bodily injury while driving under the influence, is a felony offense under Virginia law. Convictions result in significant prison time and financial penalties.
Can I get a felony DUI reduced to a misdemeanor in Virginia?
In certain cases, a felony DUI may be reduced to a misdemeanor through plea bargaining or by challenging the evidence. An experienced attorney can negotiate with prosecutors and advocate for a favorable outcome.
Why Choose Tillotson & Martin for Felony DUI Defense?
At Tillotson & Martin, LLC, our dedication to client service and our in-depth understanding of DUI defense laws set us apart. Our attorneys have authored renowned legal texts and are frequently consulted for their insights by other professionals in the field. This reputation stems from our commitment to stay at the forefront of DUI law and incorporate our extensive legal knowledge into every client's defense.
Choosing the right felony DUI attorney in Virginia can mean the difference between a harsh sentence and a reduced charge or acquittal. We prioritize our clients' rights, aiming for the most favorable outcomes. Our unique understanding of local legal processes is instrumental in building a strong defense strategy. Clients in over 100 Virginia cities and counties have trusted us with their legal challenges, reaffirming our status as a go-to firm for DUI defense.
Beyond our legal acumen, we understand the values of communication and transparency. Our approach ensures clients are informed and involved at every step, fostering a partnership aimed at achieving the best possible outcome. This client-centric ethos, combined with a thorough analysis of legal strategies, underscores our dedication to excellence.
Take the Next Step With Tillotson & Martin, LLC
Facing a felony DUI charge in Virginia demands immediate, informed legal action. At Tillotson & Martin, LLC, we are ready to provide the diligent representation you need. Our team commits to understanding the full scope of your case, utilizing our extensive knowledge of Virginia DUI laws to advocate fiercely on your behalf. Scheduling a consultation with us means engaging a partner dedicated to striving for charge reductions, dismissals, or acquittals.
Contact us today at (757) 568-7978 to discuss your case. Let us help you navigate the complexities of DUI law and work towards preserving your future.
