In the state of Virginia, getting a DUI is a misdemeanor when it’s the first or second offense, but will be charged as a felony by the third offense. It would be classified as a Class 6 felony, meaning that the offender may get jail time of up to five years if convicted.
So when asking yourself, “Is a DUI in Virginia a felony?” remember that even though driving under the influence in Virginia is considered to be a misdemeanor for the first two offences, there are a host of circumstances that can convert a DUI into a felony charge. We’ll explore these in the article below.
Getting a DUI under Virginia law
Driving Under the Influence, which is also called a DUI, is considered to be a misdemeanor in the state of Virginia for the first two. If a person ends up with three DUIs, however, then they will most likely be charged with a felony.
The amount of jail time received for the DUI is based on the blood alcohol level present at the time of the incident, so when the offender is booked for a DUI, his or her blood alcohol level will be checked. If the blood alcohol level falls between .15 to .20, the offender will have to serve at least five days in jail. However, in the event that the blood alcohol level exceeds .20, then the court will have the offender serve at least ten days of jail time. If the blood alcohol level is lower than .15, then there may be no jail time — provided that other circumstances are in order.
Every time someone gets a DUI, they are expected to attend VASAP, which stands for the Virginia Alcohol Safety Action Program. This must be completed by every DUI offender, even if they were under the influence of prescribed medicines. VASAP will generally consist of ten weeks of mandatory classes, each class being about hours long. Completing VASAP is required to receive a license again and get back on the road.
In addition to VASAP, AA meetings and therapy may be recommended, depending on the history of substance abuse. A qualified DUI/DWI attorney will have answers for you on that.
How long does a DUI stay on your record?
In Virginia, getting a DUI is a class 1 misdemeanor, which means even the first DUI will be permanently placed on your criminal record. Any crime done in Virginia will be placed on an individual’s criminal records and stay with the offender for a lifetime, which means even if you’re otherwise an upstanding citizen with a good track record in all other areas of life, just one DUI can have a major negative impact on your future.
However, there is a bit of good news. If someone looks at your driving transcript more than eleven years after your first DUI, they won’t find any record of it. This is because in Virginia, any DUI charges will be expunged from your driving record eleven years after the incident. Nevertheless, that is a long time to wait for a clean record.
What is the punishment for a first time DUI in Virginia?
On top of the first DUI remaining permanently on their criminal record, an offender will also take a six point hit against their driving record. In Virginia, the possible punishment that one might have to face can go as high as $2,500 in fines along with some amount of jail time. However, keep in mind that jail time for first time DUI offenders is quite rare.
However, there are a few mandatory punishments for first time DUI offenders that cannot be waived by the judge. For a first time DUI charge, the offender will be hit with a minimum fine of $250 and must go through VASAP. Along with this, their driving license will be suspended for up to one year.
Is jail time mandatory for a first time DUI in Virginia?
With most first-time DUI cases, judges generally don’t impose a sentence of incarceration. However, jail time could be imposed if there was a car accident because of DUI that involved injured parties. Keep in mind that the mandatory punishment is license suspension, whereas being sentenced to time in jail will be added on when considering the specifics of the case.
Is there a way to get my driving license back before the trial?
After being charged with your first DUI in Virginia, your driving license will be suspended for seven days. If it’s your second DUI, the license suspension will last for sixty days. These suspensions are pre-trial suspensions and more suspension can be given based on the DUI case. For a first time DUI offense, it’s often a one year suspension. Once the suspension time is over and you have attended VASAP, you should be able to get back your license which you can collect from the clerk’s office.
Will I be able to drive to school or work?
When a person is charged with DUI, there will be a suspension on their driving license. However, many courts will offer restricted driver licenses, especially for first-time offenders. This license can be used to drive to school, church, childcare, or work.
But with a second DUI, getting a restricted driver’s license becomes a bit more difficult. The court will decide whether you should be given a restricted driver’s license or not, depending on how long ago your first DUI was as well as the circumstances of the situation.
Wrapping up
Even though a first time DUI charge in Virginia is a misdemeanor, all DUIs should be taken very seriously since you’ll end up with a suspended license. It’s a serious charge, and the offender ends up paying hefty fines and penalties, not to mention having the charge permanently placed on their criminal records as well as on their driving record for the next eleven years. In addition to a myriad of legal matters, driving while drinking puts you as well as others at risk of bodily harm. Never take risks when drinking, and don’t drink and drive.