Is a dui a felony in va?

Is a DUI a Felony in VA?

Drunk driving, or driving under the influence (DUI), is a serious crime that can have severe consequences, including imprisonment and loss of driving privileges. If you’re arrested for a DUI in Virginia, it’s essential to understand the laws and penalties that apply to your situation.

What is a DUI in Virginia?

In Virginia, a DUI is typically considered a misdemeanor offense. A DUI is defined as driving a motor vehicle under the influence of alcohol or drugs. The specific law in Virginia is outlined in Title 18.2, Section 18.2-266 of the Code of Virginia.

Criminal Penalties for DUI in Virginia

The penalties for a DUI in Virginia can be severe, including:

• Up to 1 year in jail or a fine of not more than $2,500, or both, for a first-time offense.
• Mandatory minimum sentence of 10 days in jail, for a second or subsequent offense within 10 years.

The penalties for a DUI can vary depending on several factors, including:

• Blood alcohol concentration (BAC) level: A higher BAC level can lead to more severe penalties.
• Number of previous offenses: Repeat offenders face harsher penalties.
• Aggravating circumstances: Causing an accident, injury, or death while DUI can result in more severe punishment.

Felony DUI in Virginia?

So, is a DUI a felony in VA? In most cases, no. A DUI in Virginia is typically considered a misdemeanor offense. However, there are certain situations where a DUI can be charged as a felony, including:

• First-degree murder while driving intoxicated: If someone is killed as a result of the DUI, it can be charged as a Class 2 felony.
• Maiming or permanently disfigure while driving intoxicated: If someone is injured or permanently disfigured as a result of the DUI, it can be charged as a Class 3 felony.
• DUI causing permanent disfigurement or mutilation: If the victim is left with a permanent disability or disfigurement as a result of the DUI, it can be charged as a Class 6 felony.

These felony charges carry more severe penalties, including:

• 10 years to life imprisonment, for a first-degree murder while driving intoxicated.
• 5 years imprisonment, for a maiming or permanently disfiguring DUI.
• up to 5 years imprisonment, for a DUI causing permanent disfigurement or mutilation.

| Offense | Penalty |
| — | — |
| DUI | Up to 1 year in jail, or a fine of $2,500, or both. |
| Second DUI within 10 years | Mandatory minimum sentence of 10 days in jail, with a maximum penalty of up to 1 year in jail, or a fine of $2,500, or both. |
| First-degree murder while driving intoxicated | 10 years to life imprisonment |
| Maiming or permanently disfiguring while driving intoxicated | 5 years imprisonment |
| DUI causing permanent disfigurement or mutilation | up to 5 years imprisonment |

Facts and Statistics About DUIs in Virginia

* **There were 6,331 DUI arrests in Virginia in 2020**, according to the Virginia State Police.
* **1,456 people were killed in DUI-related crashes in Virginia in 2020**, accounting for 33.8% of all traffic fatalities.
* **According to the National Highway Traffic Safety Administration (NHTSA), 24,703 people were arrested for driving under the influence of alcohol or drugs in Virginia in 2020.**
* **DUI arrests in Virginia are often committed by repeat offenders** – 43% of all DUI arrests in Virginia involve repeat offenders.

Conclusion

In Virginia, a DUI is typically a misdemeanor offense, but in certain situations, it can be charged as a felony. It’s essential to understand the laws and penalties associated with a DUI arrest and to seek legal counsel to protect your rights and freedom. If you or a loved one has been arrested for a DUI, don’t hesitate to contact an attorney who can help navigate the legal process and defend against the charges.

Remember, a DUI can have serious consequences, including imprisonment and loss of driving privileges. It’s always a good idea to drink responsibly and plan ahead for safe transportation.