Law Offices of Christie A. Leary P.C.

Fairfax • Manassas

Phone 703-359-7111
Toll Free 800-823-1127
Print Page

Fairfax/Manassas Criminal & Personal Injury Blog

When a driver in Virginia is arrested on a DUI charge, there are various issues that will come to the forefront when it is decided as to how severe the charges are. Depending on the circumstances, it can rise to a felony drunk driving charge. Knowing how state law views DUI will provide insight as to the level of charges a driver will face when arrested and the subsequent penalties that could be assessed after a conviction.

If a person is convicted of DUI three times within 10 years, the charge will not be a misdemeanor as it is with earlier charges, but a Class 6 felony. For a person who was convicted of three DUI offenses within 10 years, the penalties will include a minimum jail sentence of 90 days. If the three offenses occurred within five years, there will be a mandatory six months in jail. There will also be a fine of at least $1,000.

A driver who is convicted of a fourth DUI or more within 10 years will be sentenced to at least one year in jail. There will be a fine for a minimum of $1,000. A person who was convicted of felony drunk driving will also be subject to having his or her vehicle seized and forfeited if it was owned and operated during the committing of the act. The mandatory minimum penalties will be cumulative. If there is a jail term, it will be served consecutively. The punishments will not surpass the statutory maximum for the state even if it is a felony charge.

Considering the harsh penalties for a DUI charge when it is elevated to a felony, it is imperative to know how the law works and what to do to try and reduce the charges or be acquitted. There is always the possibility that the testing procedures were not followed by law enforcement or that the traffic stop was made without just cause. Having help from a legal professional experienced in defending drivers confronted by felony drunk driving charges is the first step an accused driver should take.

Source:, "18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction," accessed on June 29, 2015

No Comments

Leave a comment
Comment Information
Email Us For A Response

email the Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

View our Blog

  • Stress, anxiety, frustration, confusion, fear, pain and injury are all emotions which can play havoc on an individual following a motor vehicle accident. Few individuals have the training...
  • In your vehicle, check to ensure that you keep the following in your glove compartment: (1) Vehicle registration (2) Insurance information (3) Small notepad (4) Pen (5) Disposable Camera...
  • First, assess whether you or anyone else involved in the incident requires medical attention. Call 911 immediately if any one requires medical attention. Your health and safety and the safety of others involved in the accident is paramount.
  • In the aftermath of an accident, you will feel as if you have entered into your own personal 4 ring circus.

Read More

Review Us
Law Offices of Christie A. Leary P.C.

Fairfax Office
10505 Judicial Drive, Suite 203
Fairfax, Virginia 22030

Fairfax Office Map

Manassas Office
9300 W. Courthouse Rd., Ste 204
Manassas, VA 20110
Manassas Office Map

Attorney AT LAW

LOCAL: 703-359-7111
TOLL FREE: 800-823-1127
FAX: 703-543-5478

Visa | Master Card | American Express | Discover