3rd DUI VA - Felony
3rd DUI. Other two were 6 & 7 years ago. Also charged with eluding and refusal to blow. Is a felony conviction inevitable? Is there any way to mitagate the felonies by AA or extra jail time? Assuming felony conviction what amount of jail time would be typical? Thanks for any and all information.
1 Answer from Attorneys
Re: 3rd DUI VA - Felony
A class 6 felony conviction will result only if you're actually convicted of the third DUI within a 10 year period; conviction of a refusal, per Va. Code Sec. 18.2-268.3(B)(v), "the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unresonable refusal is a Class 1 misdemeanor" should not result in the Class 6 felony conviction which you've inquired about.
Subsection(D)of the referenced statute also provides for suspension of the refuser's license for three years upon conviction in the above scenario.
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