Legal Question in DUI Law in Virginia

habitual offender laws

is driving after being judged a h.o. a felony or misdemeanor? i was told that if i was caught on a dui and was a h.o. it was a felony, but ir i was only driving it was a misdemeanor. which is it?


Asked on 6/09/07, 2:17 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: habitual offender laws

Habitual offender status(Class 6 felony) was excised from Title 18.2 of the Virginia Criminal Code around 07/01/1999. However, under the Traffic Code, Sec. 46.2-301(C), it is still very much alive as a possible Class 1 misdemeanor offense.

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Answered on 6/10/07, 12:08 am


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