What Is a Felony DWI in Virginia?

Aggravating factors that can make a drunk driving charge a felony.

By , Attorney
Facing a DUI? We've helped 115 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Under Virginia law, you can be charged with driving while intoxicated (DWI) for operating a vehicle with a blood alcohol concentration (BAC) of .08% or more, while under the influence of (impaired by) drugs or alcohol, or with a certain amount of specified controlled substances in your system. Most DWI convictions are misdemeanors. However, in certain circumstances, a DWI can be charged as a felony.

Here are some of the circumstances that can result in felony DWI charges in Virginia.

Third or Subsequent DWI Conviction Is a Felony

Typically, a first or second DWI is a misdemeanor in Virginia. But a third or subsequent DWI conviction within ten years can be charged as a felony.

A third DWI is a class 6 felony and carries one to five years in prison (though a judge can opt to order a shorter jail sentence of at least 90 days instead) and up to $2,500 in fines.

Once a driver has been convicted of a felony DWI, all subsequent offenses will also be class 6 felonies. And, with fourth or subsequent DWI, the mandatory minimum is one year in jail (the judge doesn't have the option to impose a lesser sentence).

Felony Charges for DWIs Involving Injuries and Deaths

A DWI involving serious injury to another person is a class 6 or class 4 felony. Offenders convicted of a class 6 felony face one to five years in prison and up to $2,500 in fines. A class 4 felony carries two to ten years in prison and a fine of up to $100,000.

Causing the death of another person while driving under the influence is considered "vehicular manslaughter," a class 5 felony. A conviction generally carries up to ten years in prison and a maximum $2,500 in fines. But particularly egregious cases that are categorized as "aggravated vehicular manslaughter" carry enhanced penalties, including up to 20 years in prison.

FACING A DUI?
Talk to a DUI Defense attorney
We've helped 115 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you