Is a DWI a Felony in VA?
In the state of Virginia, driving while intoxicated (DWI) is considered a serious offense. The penalties for a DWI conviction can be severe, and it’s essential to understand the laws and consequences associated with this charge. In this article, we’ll explore whether a DWI is a felony in VA and what you can expect if you’re arrested and charged with a DWI.
Is a DWI a Felony in VA?
In Virginia, a DWI is typically considered a misdemeanor offense. However, there are certain circumstances where a DWI can be upgraded to a felony. According to Virginia Code § 18.2-266, a DWI is considered a felony if the offense is committed within 10 years of a previous DWI conviction, and the person has been convicted of a prior felony offense.
Felony DWI in VA: What Are the Consequences?
If you’re convicted of a felony DWI in VA, the consequences can be severe. Here are some of the penalties you may face:
- Prison time: A felony DWI conviction can result in a minimum of 1 year and a maximum of 10 years in prison.
- Fines: You may be required to pay a fine of up to $2,500.
- License suspension: Your driver’s license may be suspended for a period of 3 years.
- Ignition interlock device: You may be required to install an ignition interlock device on your vehicle for a period of 1 year.
- Community service: You may be required to perform community service as part of your sentence.
When is a DWI Upgraded to a Felony?
A DWI is typically upgraded to a felony in the following situations:
- Prior felony conviction: If you have been convicted of a felony offense within the past 10 years, your current DWI charge may be upgraded to a felony.
- Multiple DWI convictions: If you have been convicted of multiple DWI offenses within a short period of time, your current charge may be upgraded to a felony.
- Aggravating circumstances: If there are aggravating circumstances surrounding your DWI arrest, such as injury or death to another person, your charge may be upgraded to a felony.
DWI Penalties in VA: Misdemeanor vs. Felony
Here is a comparison of the penalties for a misdemeanor DWI vs. a felony DWI in VA:
| Offense | Penalty | License Suspension | Fines |
|---|---|---|---|
| Misdemeanor DWI | Up to 12 months in jail | 1 year | Up to $2,500 |
| Felony DWI | 1-10 years in prison | 3 years | Up to $2,500 |
What to Do if You’re Arrested for a DWI in VA
If you’re arrested for a DWI in VA, it’s essential to understand your rights and options. Here are some steps you can take:
- Request a lawyer: Ask for a lawyer as soon as possible. A lawyer can help you navigate the legal process and protect your rights.
- Cooperate with the police: While it’s essential to exercise your right to remain silent, it’s also important to cooperate with the police. Provide your driver’s license and vehicle registration, and answer questions truthfully.
- Don’t make any statements: Avoid making any statements that could be used against you in court. Instead, refer all questions to your lawyer.
- Take a breath test: If you’re asked to take a breath test, do so. Refusing a breath test can result in additional penalties.
Conclusion
In conclusion, a DWI is typically considered a misdemeanor offense in VA, but it can be upgraded to a felony in certain circumstances. If you’re arrested for a DWI, it’s essential to understand the laws and penalties associated with this charge. By exercising your rights, cooperating with the police, and seeking legal representation, you can protect yourself and ensure the best possible outcome.
Additional Resources
- Virginia Department of Motor Vehicles (DMV): www.dmv.virginia.gov
- Virginia State Police: www.vsp.state.va.us
- National Highway Traffic Safety Administration (NHTSA): www.nhtsa.gov
Frequently Asked Questions
- Q: What is the legal limit for blood alcohol content (BAC) in VA?
A: The legal limit for BAC in VA is 0.08%. - Q: Can I still drive if I’m stopped for a DWI and I’m under the legal limit?
A: No, even if you’re under the legal limit, you may still be arrested for a DWI if the officer has probable cause to believe you’re impaired. - Q: Can I plead guilty to a misdemeanor DWI and avoid going to court?
A: No, it’s essential to appear in court to plead guilty or not guilty to a DWI charge.
