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 Hendrickson Law Office 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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