I was convicted of DUI in VA. I refused the breath test. Next year, I was convicted of DUI in NC. One mo. later, got ticket for DUI in NC. Now, VA says I am a class 6 felon! But, VA law states that convictions in other styates only applies if: the statute in the foreign state is substantially similar to VA DUI statutes. My question: Are the DUI statutes in NC substantially similar to those in VA? If not, I am not a class 6 felon. The NC judge did not try me as a class 6 felon!
1 Answer from Attorneys
I highly doubt that you received anything from a Virginia agency informing you that you are a Class 6 felon. Most likely, you are referring to a notice you received from DMV, suspending your license for a 3rd or subsequent conviction of DUI. DMV does not need you to be convicted of a felony in order to treat it as a 3rd for administrative suspension purposes. The charges are still supposed to be substantially similar though.
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