Is a DUI considered a prior offense for a felony charge?
In Virginia, a DUI (driving under the influence) is treated as a prior offense for a felony charge if the defendant has been convicted of a prior DUI within the last 5 years. If the defendant has been convicted of a DUI within 10 years of the date of the alleged felony, the defendant may be charged with a felony, rather than a misdemeanor. In addition, if the defendant has two prior DUI convictions, the current charge can also be treated as a felony. In Virginia, a DUI is considered a serious offense and the court takes it as such. For a DUI charge to be considered a felony, the defendant must meet certain criteria. Depending on the severity of the DUI, the penalty can range from fines and license suspension to jail time. The penalties for a prior conviction of a DUI resulting in a felony charge are severe. The defendant can be sentenced to up to five years in prison. The court may also order the defendant to pay restitution if the defendant caused any property damage or injury to another person in the incident. Furthermore, the defendant may lose their driving privileges, have to attend an alcohol/drug awareness program, and face community service. It is important to understand that a DUI in Virginia is not a minor offense and can have serious consequences. When facing a DUI charge, it is important to hire a qualified attorney to ensure your rights are protected and a fair outcome is reached.
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