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Felony DUI

In the Commonwealth of Virginia, if you're convicted of DUI/DWI at least three times within a period of ten years, it is a felony. Felony DUI charges have more severe penalties than first or second offense DUI charges. If the third offense involved a fatal accident or other type of loss of life, it's possible that the felony charge will be considered aggravated or involuntary manslaughter.

Third Offense DUI Conviction in Virginia

The third DUI/DWI conviction in Virginia is considered a Class 6 felony, which is punishable by a prison sentence of up to five years, plus a fine of up to $2,500. The minimum penalty for a felony DUI is some amount of jail time and a $1,000 fine. Depending on when the third DUI conviction occurred, whether it was within five years or ten years, penalties will vary.

Third DUI With a Fatal Accident

If you caused a fatal accident while under the influence, you may be charged with either aggravated or involuntary manslaughter.

Third DUI and Involuntary Manslaughter

If you're charged with involuntary manslaughter, this is a Class 5 felony. Your jail sentence can be anywhere from one to ten years. You may also be fined for up to $2,500. It's possible that you'll get either jail time or the fine, or both. The judge or jury are both in a position to reduce your sentence.

Third DUI and Aggravated Manslaughter

If you're charged with aggravated manslaughter, you'll get a minimum of one year in prison. The maximum prison sentence is 20 years. An involuntary manslaughter charge can turn into an aggravated manslaughter charge if the court decides that your conduct showed a “reckless disregard for human life.”

Forfeiting Your Vehicle

In addition to the jail time and fines that are required as a penalty of a third DUI conviction, you'll also need to forfeit your vehicle. According to Virginia laws, authorities will be able to confiscate your vehicle if you're its sole owner and operator.

Avoiding a Felony DUI Conviction

It's never smart to risk a felony DUI or DWI conviction. The minimum penalties are highly detrimental to your life and the maximum penalties are nothing short of life-altering.

If you're facing a third time DUI or DWI charge in Virginia, contact The Law Office of Wilfred Ward Yeargan today. DUI defense attorney, Wilfred Yeargan will help formulate the best legal strategy possible. Whatever type of proceeding results from your arrest, The Law Office of Wilfred Ward Yeargan will be able to represent you and your best interests. Call directly or send a message online to discuss your legal options.

Areas Served by the Law Firm

The law office serves clients throughout Virginia including those in the following localities: Fairfax City; Fairfax County including Annandale, Burke, Centreville, Herndon, and Vienna; the City of Alexandria; Arlington County including Arlington; the City of Falls Church; Augusta County, including Staunton; Fauquier County including Warrenton; Frederick County including Winchester; the City of Fredericksburg; Loudoun County including Ashburn and Leesburg; Clarke County, including Berryville; Culpeper County; Fluvanna County, including Palmyra; Prince William County including Occoquan, Triangle, Quantico, Woodbridge, Dumfries, Haymarket, and Manassas; Spotsylvania County including Lake Wilderness and Spotsylvania Courthouse; Stafford County including Stafford, Aquia Harbour, and Falmouth; Warren County including Front Royal; Shenandoah County, including Woodstock; Rappahannock County, including Washington; Madison County; Greene County, including Stanardsville; Fluvanna County, including Palmyra; Caroline County, including Bowling Green; Hanover County; King and Queen County; New Kent County; King William County; City of Hopewell; Prince George County; York County, including Yorktown; Chesterfield County; Henrico County; Westmoreland County, including Montross; King George County; Greensville County, including Emporia; Prince George's County; Dinwiddie County; and Sussex County.