What Is The Virginia Difference Between Misdemeanor & Felony DUI?

Driving under the influence (DUI) of alcohol, drugs, or other substances is a multifaceted criminal offense under Virginia law. After committing DUI in Virginia, a person will likely face misdemeanor or felony charges.

From a higher-level standpoint, misdemeanor and felony DUI both involve intoxicated or impaired operation of motor vehicles, engines, or trains. Impairment occurs when a person loses their ability to operate safely due to substance consumption (even legal ones). For example, DUI charges can result from consumption of alcohol, narcotic drugs, self-administered intoxicants, or other substances — in violation of Code of Virginia Section 18.2-266.

The true difference between misdemeanor and felony DUI offenses centers on the severity of the penalties involved. Though the applicable charge usually varies based on the number of previous convictions, if any.

What is Misdemeanor DUI in Virginia?

Under Virginia law, misdemeanor DUI typically applies to the first or second violation. The punishment for misdemeanor DUI under Code of Virginia Section 18.2-270 is as follows:

• One Violation — Leads to Class 1 misdemeanor charges, a minimum fine of $250, and, in certain cases, at least five to 10 days in jail;
• Two Violations (within a 10-year period) — Leads to Class 1 misdemeanor charges, a minimum fine of $500, and at least 10 days in jail; or
• Two Violations (within a five-year period) — Leads to Class 1 misdemeanor charges, a minimum fine of $500, and at least 20 days in jail.

In addition, misdemeanor DUI offenders are subject to mandatory driver’s license suspension under Code of Virginia Section 18.2-271. On the first DUI violation, there is a 12-month suspension period. On the second offense, the suspension period increases to 36 months.

What is Felony DUI in Virginia?

Under Virginia law, felony DUI usually applies to the third, fourth, or subsequent violation. The punishment for felony DUI under Section 18.2-270 is as follows:

• Three Violations (within a 10-year period) — Leads to Class 6 felony charges, a minimum fine of $1,000, and at least three months in prison;
• Three Violations (within a five-year period) — Leads to Class 6 felony charges, a minimum fine of $1,000, and at least six months in prison; or
• Four Violations or more (within five years of first violation) — Leads to Class 6 felony charges, a minimum fine of $1,000, and at least 12 months in prison.

Moreover, felony DUI offenders are subject to mandatory driver’s license revocation under Section 18.2-271. On the third or subsequent DUI violation, there is a permanent revocation or driving privileges.

Do You Need Legal Help?

If you need legal assistance with DUI charges in Virginia, it can be exceedingly constructive to consult with an accomplished Leesburg criminal attorney. The attorneys at Simms Showers have experience with many criminal charges, including DUI. If you need legal help with criminal defense, contact us today for a free initial consultation.

SOURCES:

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-266/

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-271/