In the Commonwealth of Virginia, certain circumstances can lead to a DUI charge being treated as a felony. While this offense is typically a misdemeanor, repeat offenders can face steeper penalties. A Chesapeake felony DUI lawyer can fight for an acquittal or push to have the case treated as a lesser offense.
You are entitled to a vigorous defense in these cases, and the right attorney might be able to secure a favorable outcome on your behalf. Whether it comes in the form of a reasonable plea offer or a victory at trial, a dedicated DUI attorney is here to help.
When a DUI Becomes a Felony
The most common way for a DUI arrest to be treated as a felony is due to the accused’s prior criminal history. While first and second offenses are treated as misdemeanors, third and subsequent offenses qualify as a felony. When a person has two prior convictions for DUI, the third offense is treated as a Class 6 felony under Commonwealth law.
No matter the reason for a felony DUI charge, the support of a Chesapeake attorney is invaluable. The right legal counsel could look for grounds to reduce the charge to a misdemeanor or even fight for the outright dismissal of the charges. Attempting to defend against these allegations without support is never a good idea due to the risks.
Penalties for a Conviction
When an individual is convicted of a Class 6 DUI felony, they face a range of serious penalties. There is a mandatory jail term of 90 days if the DUIs are within a 10 year period, 6 months if they are within a 5-year period, as well as a fine of at least $1,000. The maximum term behind bars is five years. The potential penalties are steeper in cases where a person was injured or killed in an accident with an impaired driver, as the accused could be charged with involuntary manslaughter.
There are also collateral consequences to consider. These are not penalties written into the statute, but their impact is nevertheless significant. They can include things like difficulty finding a job, losing a professional license, or facing the loss of parental rights.
Certain constitutional rights are also at risk for convicted felons. This includes missing out on the right to vote in federal elections or owning a firearm. It is worth remembering these consequences only come into play after a conviction, which makes it crucial to fight back against the prosecution with the help of a felony DUI lawyer in Chesapeake.
Talk to a Chesapeake Felony DUI Attorney Right Away
Being charged with a felony is a serious matter, but you should not feel hopeless. Many people are ultimately able to avoid a conviction or resolve their case in a favorable way.
Let a Chesapeake felony DUI lawyer help you fight for the best possible outcome in your case. Call right away to speak with legal counsel during a private consultation.