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DWI Attorney Virginia

Is a DWI or DUI conviction a felony on my record? This will depend on a few things. If this is your first offense and no one was injured, you may get off with a misdemeanor. However, if the accident involved injuries to another person it will likely turn into a felony charge regardless if it was your first offense or not.

Other factors that may turn your charge into a felony could be:

  • Your blood alcohol level
  • If there were children in the car with you
  • Prior convictions for DWI

Driving While Intoxicating and Causing Harm to Someone Else

Most states will charge you with a felony if someone is seriously injured or killed as a result of you driving while intoxicated. You will more likely be charged if the accident is your fault. If someone hits your car and it is their fault and you happen to be intoxicated, the injuries as a result of the accident are not your fault and lessen the chances of being charged with a felony.

Driving When Your Licensed is Suspended

If you are charged with a DWI and your driver’s license was already suspended, chances are the charges will be a felony DWI.

Blood Alcohol Content Levels are Elevated

In all states, the standard level for alcohol impairment is a blood alcohol level of .08 percent or higher. In some states, if your BAC exceeds a certain level the charge automatically raises to felony DWI or DUI. A higher BAC in other states may get you a misdemeanor DWI or DUI but a stronger penalty.

DWI When You are Traveling with Children in Your Car

If you are caught driving while intoxicated and have children in the car at the time, many states will automatically increase the charge to a felony. Judges regard a DUI or DWI with children involved a very serious offense and the penalty may reflect that as well.

Multiple DWI Convictions

Depending on your state, if you have prior DWI or DUI convictions, you will probably be charged with felony DWI/DUI.

Possible Penalties for Felony DWI Conviction

  • Jail TimeEven a misdemeanor DWI conviction can result in time spent in jail. If you are convicted of a felony DUI or DWI you can be sentenced to several years in jail. The amount of time will depend on the state and the circumstances surrounding your case. If someone was killed as a result of your actions, it is not uncommon to spend years in jail.
  • Fines. Not only could you spend several years in jail, but you could also be fined up to $2,000 upon being convicted.
  • License Suspended. It is common to have your driver’s license suspended for a period of time following a felony conviction. If it is your first offense, you may lose your license for 90 days. Additional offenses could get your license suspended for much longer periods of time.

Contact an Attorney

A DWI felony conviction can be life-altering. A DWI attorney Virginia offers possess the expertise needed to represent you in court.

Contact The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and how a DWI can affect your record.


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