I have been convicted of a 2nd dui within 10 years with bac of .17 however i had a 3rd over 16 years ago.my court conviction reads 2nd within 10 misdemeanor however on a jpb background check it shows as a felony.I am confused as to why.My case was in henrico/glen allen va courts.my original charge for recent dui says 3rd dui off within 10 is this why i am having a problem with felony
1 Answer from Attorneys
Yes, that would appear to be case, i.e, Va Code Sec. 12.2-270 C.1 specifies
that three convictions for DUI in the Commonwealth within a 10 year period
make the third such conviction a Class 6 felony. (You may need to petition
the court for a hearing on this matter to have the record of your recent DUI
conviction corrected to reflect that this third conviction was NOT your third one
within a ten year period that would make it a Class 6 felony.)
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