People who have never gotten into legal trouble before sometimes struggle to know what to expect when facing criminal charges. In fact, even those who have a history of criminal violations may have unrealistic expectations when going to court.
Motorists accused of driving while intoxicated (DWI) offenses may be at risk of a number of different penalties. The courts can order them to submit to probation. They may also have to spend time in state custody and pay large fines. Standard penalties also typically include driver’s license suspension.
Some drivers hope to receive lenient treatment when facing DWI charges, possibly because they cooperate by entering a guilty plea. However, a guilty plea might mean accepting the penalties the courts choose to impose and a lifetime criminal record. In some cases, drivers may even have a felony record after a DWI conviction.
When does drunk driving classified as a felony offense in Virginia?
When drivers make the same mistake repeatedly
People who have broken the law once may be more likely than the general public to end up facing charges again. Certain offenses have higher recidivism or reoffending rates than others. Many people accused of DWI offenses may have substance abuse issues that result in them repeatedly breaking the law.
A motorist facing their third DWI charge within 10 years may face felony charges even though they have never caused a crash. The state aims to limit recidivism by imposing more serious charges and harsher penalties on those who repeatedly drive after drinking.
When drivers cause collisions
Impaired driving is illegal in part because of the association with tragic collisions. As such, the state brings more serious charges against those accused of impaired driving if they cause crashes that result in injury to others or premature death.
Felony charges don’t just carry harsher penalties in many cases. They also tend to cause more challenges for the defendant in the future. Outside parties ranging from educational institutions and landlords to employers may deny opportunities to those with felony criminal records despite working with some people who have misdemeanor records.
Fighting DWI charges, including first and second charges, is the best way to avoid a felony criminal conviction that could haunt someone for years. Understanding how Virginia handles DWI cases can help people plan an appropriate response to an arrest.
