Is A DUI A Felony In Virginia? Understanding the Charges
Is a DUI a felony in Virginia? Most first and second DUI offenses are Class 1 misdemeanors under Va. Code § 18.2-270, carrying up to 12 months in jail. However, a third DUI conviction within 10 years is automatically a Class 6 felony, with mandatory jail time and indefinite license revocation. The Law Offices Of SRIS, P.C. provides experienced drunk driving defense statewide.
Virginia DUI Law and Felony Classification
Virginia law defines driving under the influence (DUI) in Va. Code § 18.2-266. The statute makes it illegal to operate a motor vehicle while impaired by alcohol, drugs, or a combination of both, or with a blood alcohol concentration (BAC) of 0.08% or higher. The severity of the charge and its classification as a misdemeanor or felony depends primarily on the number of prior offenses within a specific timeframe.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm has a deep understanding of the Virginia legal system. We know that the question “Is a DUI a felony in Virginia?” is critical because a felony conviction carries lifelong consequences far beyond a misdemeanor.
Official Legal Resources
- Va. Code § 18.2-270 (Official Virginia Penalties for DUI)
- Virginia Courts Website (Official State Judiciary)
When a DUI Becomes a Felony in Virginia: The Procedural Edge
Virginia employs a “look-back” period to determine if a prior DUI conviction counts toward enhancing a new charge. For felony purposes, the court looks back 10 years from the date of the new offense. A third DUI conviction within that 10-year window is classified as a Class 6 felony under Va. Code § 18.2-270. This is a key local procedural fact: the calculation of the 10-year period is strict, and an experienced DUI defense attorney can scrutinize the dates of prior convictions for potential challenges.
- Arrest and Initial Charge: You are charged with DUI. The officer and initial court paperwork will list it as a misdemeanor.
- Commonwealth’s Attorney Review: The prosecutor’s office runs your criminal and DMV history to identify prior qualifying offenses.
- Indictment or Warrant: If two prior convictions within 10 years are found, the charge may be upgraded to a felony via a direct indictment or a new warrant.
- Circuit Court Jurisdiction: Felony DUI cases are heard in Circuit Court, not General District Court, with different procedures and jury trial rights.
- Mandatory Penalties Apply: Upon a felony conviction, the court must impose the mandatory minimum sentences required by law.
Virginia DUI Penalties at a Glance
In Virginia, DUI penalties escalate sharply with each offense, moving from misdemeanor to felony status on the third conviction within 10 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st DUI | Class 1 Misdemeanor | Up to 12 months (Mandatory min. for high BAC) | $250 – $2,500 | 12-month administrative revocation | Mandatory VASAP, possible IID |
| 2nd DUI (within 10 yrs) | Class 1 Misdemeanor | Mandatory 20 days to 12 months | $500 – $2,500 | 3-year revocation | Mandatory VASAP, mandatory IID |
| 3rd DUI (within 10 yrs) | Class 6 FELONY | Mandatory 90 days to 5 years | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, mandatory IID, felony record |
| DUI Causing Injury | Class 6 Felony | Mandatory 1 year to 5 years | $1,000 – $2,500 | Revocation | Felony record, possible restitution |
Results may vary. Prior results do not aim for a similar outcome.
Our Authority in Virginia DUI Defense
When you need to know if a DUI is a felony in Virginia for your specific case, you need counsel with proven experience. The Law Offices Of SRIS, P.C., founded in 1997, brings a combined 120+ years of legal experience to impaired driving cases. Our team includes former prosecutors and a former Virginia State Trooper, giving us unique insight into both sides of a DUI case. We have a documented record of achieving favorable outcomes for clients facing serious traffic and criminal charges across the state.
Case Results & Client Focus
Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and DC. In DUI cases, favorable outcomes can include case dismissals, reductions to reckless driving, not-guilty verdicts, or negotiated agreements that avoid jail time. For instance, our team, including secondary attorney Mr. Sris, has successfully challenged the legality of traffic stops and the administration of breath tests, skilled to suppressed evidence and reduced charges.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Virginia DUI Defense Lawyers
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients across Virginia. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions: Is A DUI A Felony In Virginia?
Is a first-offense DUI a felony in Virginia?
No. A first DUI offense in Virginia is a Class 1 misdemeanor, not a felony. However, it still carries penalties of up to 12 months in jail, fines, and a 12-month license revocation.
What makes a DUI a felony in Virginia?
It depends on your prior record. A DUI becomes a Class 6 felony in Virginia if it is your third conviction within a 10-year period, or if the DUI caused serious bodily injury to another person.
Can a DUI lawyer help avoid a felony charge?
Yes. An experienced DWI lawyer can challenge the evidence, negotiate with prosecutors, or argue against counting a prior offense, potentially keeping the charge at the misdemeanor level.
What is the penalty for a felony DUI in Virginia?
A Class 6 felony DUI carries a mandatory minimum of 90 days in jail, a fine of $1,000 to $2,500, indefinite driver’s license revocation, and the permanent consequences of a felony criminal record.
How long does a felony DUI stay on your record in Virginia?
A felony DUI conviction remains on your Virginia criminal record permanently. It cannot be expunged and will appear on most background checks for employment, housing, and professional licensing.