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 Attorney & Counsellor at Law
0 users found helpful
0 attorneys agreed

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.)

Read more
5/15/13, 12:40 pm

Related Questions & Answers

More Traffic Law questions and answers in Virginia

Looking for something else?

Get Free Legal Advice

8788 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now