Felony DWI

In Virginia, there are several ways to be charged with a Felony DWI (or DUI). If you have previous DWI convictions, you may be charged with a Felony DWI if you are stopped for DWI again.

At the time of the traffic stop, the police may not know that you have previous DWI convictions. Often, felony charges are brought by prosecutors after a review of the driving record. A DWI may begin as a misdemeanor, but it is possible that the charge may be changed to a felony if you have previous DWI convictions.

It is important to understand the different Felony DWI offenses and their punishments. A conviction for any of the offenses carries mandatory minimum jail time, fines and a loss of driver’s license, depending upon the severity of the charge.

Third DWI within 10 Years

This offense is a Class 6 Felony. A Class 6 Felony is punishable by term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

Conviction for this offense carries a mandatory minimum 90 day jail sentence, a $1,000 fine and suspension of your driver’s license for 3 years.

Third DWI within 5 Years

This offense is a Class 6 Felony. Conviction for this offense carries a mandatory minimum 6 month jail sentence, a $1,000 fine and suspension of your driver’s license for 3 years.

Fourth DWI within 10 Years

This offense is a Class 6 Felony. Conviction for this offense carries a mandatory minimum one year jail sentence, a $1,000 fine and suspension of your driver’s license for 3 years.

Felony Driving Revoked

For Third and Fourth offense DWI’s, prosecutors regularly charge the additional offense of Felony Driving Revoked under certain conditions. This charge is on top of the DWI offense. Felony Driving Revoked is punishable by a mandatory minimum one year jail sentence.

DWI Felony Conviction After Previous Felony Conviction

This charge applies to a DWI offense that occurs after a person has been convicted of a Felony DWI in the past. This offense is a Class 6 Felony. Conviction for this offense carries a mandatory minimum one year jail sentence, a $1,000 fine and suspension of your driver’s license for 3 years. Note that this charge does NOT require the previous DWI felony conviction to be within 10 years!

Defense Options for Felony DWI

If you are charged with any of these offenses, you need to speak with a lawyer right away. There is no substitute for experience. What was the reason for the stop? What observations did the police make? What happened during the police investigation? What issues might there be with your blood or breath test? Does the prosecution have a record of your prior convictions? Do these convictions meet the requirements for proper use against you? A former prosecutor who has extensive experience with Felony DWI is uniquely situated to help you navigate your case, discuss options and determine the best approach for you.

We can help, you don’t have to do this alone.