Various issues can come to the forefront following a DUI arrest in Virginia. The offender can face negligible or harsh penalties depending on the severity of the offense. Needless to say, if the DUI elevates to a felony, the law treats the offender with far more stringent penalties. While DUI defendants don’t normally face a significant risk of prison unless they get habitual, a felony DUI most certainly leads to imprisonment.
When DUI turns into a Felony
According to Virginia State Law, there are three circumstances in which a DUI charge escalates to a felony:
Third DUI Conviction
If a person convicted of a third DUI in a period of 10 years, it is considered as a class 6 felony. Under the Virginia Code §18.2-10, class 6 felonies are punishable with a fine of at least $1000 and a minimum jail sentence of 90 days. If, however, the third DUI charge was committed within 5 years of previous charges, six months of the minimum jail sentence will have to be served in addition to a minimum fine of $1000.
While the sentence for the third DUI is not affected by the blood-alcohol concentration (BAC), four or more DUI convictions within a period of 10 years lead to at least a one-year sentence besides a $1000 fine. A blood test is different from EBT, or evidential breath test device, this is a type of breathalyzer.
Harm to Others
Manslaughter Charges
Under Virginia Code §18.2-36.1, driving under the influence resulting in manslaughter becomes a felony, even if it’s a first DUI offense. The law classifies it into two categories:
Involuntary Manslaughter
Involuntary manslaughter is when a driver ends up killing another person by mistake. The law marks it as a Class 5 felony, which is punishable by a sentence of one to ten years in jail, a fine of up to $2500, or both. Yet, the jury is given leverage to lower the sentence if required.
Aggravated Involuntary Manslaughter
If, however, the defendant was so gross as to show a reckless disregard for human life, it is regarded as aggravated involuntary manslaughter. The offender is punishable with a prison sentence of one to 20 years.
Serious Injuries
A felony DUI can also arise if the alleged actions of the drunk driver lead to an injury to another person. The charge can be escalated by any degree of injury, from a minor laceration to a broken bone. The offender would still be punishable by up to four years of imprisonment, the revocation of their driving privileges for up to 5 years, DUI classes, and restitution to the injured party.
Prior Felony DUI
Once you’re charged with a felony DUI, all subsequent DUIs against you will automatically be regarded as felony DUIs, no matter when the first felony DUI was charged. This means that no relaxation exists based on the look-back period in case of felony DUIs. For instance, a person convicted of felony DUI in 2000 will still be charged with a felony DUI if his next DUI arrest occurs in 2030, 2050, and so on.
Thus, felony DUIs shouldn’t be taken lightly. In order to mitigate the charges and lessen the severity of penalties, it is essential to get experienced legal representation.