Here is a comprehensive and reader-friendly article titled "Is DUI a Felony in Virginia? A Comprehensive Guide to Virginia's DUI Laws":
Is DUI a Felony in Virginia?
A Comprehensive Guide to Virginia's DUI Laws
Driving under the influence (DUI) is a serious offense in Virginia, with potentially severe legal consequences. One of the most common questions people have is whether a DUI is considered a felony in the Commonwealth. The answer depends on the circumstances of the offense. This guide breaks down Virginia's DUI laws, when a DUI becomes a felony, and what you can expect if you're charged.
What Is a DUI in Virginia?
Under Virginia Code § 18.2-266, it is illegal to operate a motor vehicle while:
Having a Blood Alcohol Concentration (BAC) of 0.08% or higher
Being under the influence of alcohol, drugs, or a combination of both
Being impaired to the extent that it affects your ability to drive safely
Virginia also has zero-tolerance laws for drivers under 21 and strict penalties for commercial drivers with lower BAC thresholds.
When Is a DUI a Misdemeanor in Virginia?
First and Second Offenses
A first-time DUI is typically a Class 1 misdemeanor in Virginia.
A second offense within 10 years is also usually a misdemeanor, but with harsher penalties.
Penalties may include:
Fines (starting at $250 for a first offense)
License suspension
Mandatory alcohol education programs
Possible jail time, especially for high BAC levels (0.15% or higher)
When Does a DUI Become a Felony in Virginia?
A DUI becomes a felony in the following situations:
- Third DUI Offense
A third DUI within 10 years is a Class 6 felony
A third DUI within 5 years carries mandatory minimum jail time of 6 months
- DUI with Injury or Death
If your DUI results in serious bodily injury or death, you can be charged with felony DUI-related crimes, such as involuntary manslaughter or aggravated involuntary manslaughter under § 18.2-36.1
- DUI with a Child Passenger
Driving under the influence with a minor (under 17 years old) in the vehicle can result in enhanced penalties and sometimes felony charges if combined with other aggravating factors.
- DUI While Driving on a Suspended or Revoked License
If your license was suspended due to a prior DUI and you're caught driving under the influence again, felony charges are possible.
Felony DUI Penalties in Virginia
Being convicted of a felony DUI can result in:
Prison time (up to 5 years for a Class 6 felony)
Hefty fines (up to $2,500 or more)
Permanent criminal record
Loss of driver's license for an extended period (or indefinitely)
Mandatory ignition interlock device installation
Long-term impact on employment, housing, and civil rights (e.g., voting or firearm ownership)
Defending Against DUI Charges
If you're facing a DUI—especially one that could be classified as a felony—consulting a qualified person is dui a felony in virginia. A lawyer can:
Analyze the evidence (BAC results, field sobriety tests, etc.)
Challenge the legality of the traffic stop or arrest
Negotiate for reduced charges or penalties
Represent you in court and protect your rights
Conclusion
A DUI in Virginia can be either a misdemeanor or a felony, depending on the number of prior offenses, whether anyone was hurt, and other aggravating circumstances. The consequences can be life-altering, especially if you're charged with a felony. Understanding the law—and seeking legal representation—is the best way to protect yourself and navigate the legal system effectively.
