The Differences Between Felony and Misdemeanor DUI Crimes in Virginia
Driving under the influence (DUI) is a serious criminal offense that can carry severe penalties, impacting your personal and professional life. Whether you believe yourself guilty or not, defending against a DUI charge is critical, as a conviction can lead to consequences that extend far beyond fines, including potential jail time, license suspension, and even career setbacks. DUI laws in Virginia are particularly strict, underscoring the importance of understanding your rights and options.
If you’re involved in a DUI case, seeking guidance from a skilled Virginia Beach criminal defense attorney is essential. This professional expertise can be crucial in building a strong defense, negotiating penalties, or potentially reducing the charges. Here, we explain the differences between felony and misdemeanor DUI charges in Virginia.
An Insight into Misdemeanor DUI Charges and Punishments in Virginia
As observed in the opening paragraph, facing DUI allegations in Virginia is a severe issue, even for a first-time offender. While you should do everything humanly possible to avoid finding yourself in this problem, it is crucial to know how to navigate the situation if and when it happens.
The authorities can charge you with a DUI as a Class One misdemeanor by relying on Virginia Code § 18.2-266. The code prohibits driving when your blood alcohol content (BAC) is at 0.08 percent or more. The authorities believe being under the influence of alcohol or toxic substances can impair your safe driving.
The punishments you face for a misdemeanor DUI conviction include:
First-Time Offense
- Maximum of one-year imprisonment
- Maximum of $2,500 fine
- Suspension of driver’s license for one year
Second-Time Offense
- Mandatory jail sentence for a minimum of ten days
- Maximum of $2,500 fine
- Suspension of driver’s license for three years
Understanding Felony DUI Charges and Punishments in Virginia
The Virginia Code § 18.2-270 empowers law enforcement agents to charge DUI suspects convicted three times or more within ten years for a Class Six felony. They may also charge you for this felony if you cause a mishap or fatality while under the influence.
The stakes and consequences are more severe when the authorities charge your DUI case as a felony. The likely consequences include:
- Compulsory minimum of $1,000 fine (up to $2,500)
- Minimum jail term of 90 days, with the likelihood of rising to one to five years imprisonment
- Indefinite suspension of driver’s license
Understanding the Differences in the Legal Process
District courts have the authority to decide Class One misdemeanor issues. The judge has the sole authority to determine any trial.
“However, if you face a DUI felony accusation, a circuit court will oversee your matter. You can call for a jury determination of your case in a circuit court,” notes Virginia Beach criminal defense attorney Jason A. Barlow.
It is essential to understand the nuances of DUI charges and punishment. Most people fall victim to avoidable convictions due to ignorance. They plead guilty when they should mount a defense.
Why You Need an Attorney for Your DUI or DWI Case
The preceding paragraph emphasizes the need for legal professionals when facing a DUI or DWI case. A local, reputable criminal defense attorney knows how you can survive the turbulence. The lawyer understands the nuances of criminal laws and how to use them to your advantage.
Instead of walking this slippery and traumatic path alone, contact a proactive criminal defense attorney in Virginia to defend your cause. The attorney will be able to take the burden off your shoulders and provide professional guidance. Their input or involvement will increase the positive outcome of your case.
End Note
Understanding the distinctions between misdemeanor and felony DUI charges in Virginia can greatly affect your case’s outcome. With severe penalties on the line, seeking an experienced Virginia Beach criminal defense attorney ensures a strong defense, helping you navigate complex legal proceedings and maximize your chances for a favorable resolution.
