Legal Question in Traffic Law in Virginia

I was driving had an accident with another passenger..the police smelled alcohol, and gave me a DUI, reckless driving, failure to take breathalizer, driving without a liscense. No other car involved. The DUI was a misdemeaner. Can the court or DA make the Dui a felony, if he finds past info.

Asked on 5/14/13, 2:36 pm

1 Answer from Attorneys

Michael E Hendrickson Michael E Hendrickson

Yes, if two previous DUI convictions are found and you're convicted of

this third one within 10 years of the first conviction, the last one could be upgraded to a Class 6 felony, requiring your mandatory minimum incarceration for at least 90 days. (See Va .Code Sec. 18.2--270 C. 1.)

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Answered on 5/15/13, 12:40 pm


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