FAIRFAX, VIRGINIA
DWI ATTORNEY CASE RESULT:
4th Offense DUI charge under Va Law 18.2-266, after prior Felony DUI conviction, resulted in an amendment and reduction of mandatory minimum jail time of one year.
Under Virginia law, a person convicted of a DUI after previously having been convicted of either a felony drunk driving offense, or three prior misdemeanor DWI offenses within a 10-year period, face a Class 6 felony with a mandatory minimum sentence of 1 year in jail. (Mandatory minimum sentence means that a judge cannot reduce the jail penalty below this number.)
After plea negotiations, the 4th offense DUI was reduced to a 3rd offense within 10 years, removing the mandatory minimum penalty of one year. Client was sentenced to three months in jail.
§ 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction.
C 2. A person who has been convicted of § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, or a felony violation of § 18.2-266 shall upon conviction of a subsequent violation of § 18.2-266 be guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation of § 18.2-266 shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000.
C 3. The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000.
Read more about Fairfax criminal defense attorney Marina Medvin, who represented this client and achieved this result.
Read more about Fairfax DUI Law here: Virginia DUI Laws, Penalties and Defenses Explained by DWI Attorney for Alexandria, Fairfax, Arlington.
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