     EXCELLENT

Court Activity: What is Felony DUI in Virginia?

This week, we had a client in the Fairfax Court charged with felony DUI. Many people ask us, “what is felony DUI in Virginia?” “DUI” and “DWI” are the same thing in Virginia. They are shorthand for the crime of driving a motor vehicle while under the influence of alcohol or drugs.

Felony DUI is charged when one is under the influence when one is also involved in a collision wherein another dies. It is also charged when one is charged with a DUI after two prior DUI convictions within 10 years.

The punishment for felony DUI can be severe. Here are the penalties for all kinds of DUI in Virginia. A felony conviction resulted in a 90 day mandatory minimum prison sentence, among other things.

It was alleged that our client was driving while under the influence of alchol and had two prior convictions, thus he was charged with a felony DUI. It was also alleged that he unlawfully refused a breath or blood test. When one is charged with DUI, he or she must submit to a breath or blood test. Unreasonable refusal results, for a first offense, in a civil violation and a 12 month license revocation. If one has a prior DUI or Refusal conviction and, in a second DUI investigation, refuses again, the Refusal charge is upgraded to a misdemeanor, punishable by up to a year in jail.

We appeared in court for the preliminary hearing. This is the time where a General District Court judge determines if there is probable cause to proceed with the prosecution in the Circuit Court. (In Virginia, the General District Court is the lower trial court, the Circuit Court is the higher trial court). “Probable Cause” means that there are facts and circumstances known to the police that would lead a person of reasonable caution to believe that a crime had been committed. It more than a hunch, but much less than proof beyond a reasonable doubt.

Unfortunately, the preliminary hearing had to be delayed. The arresting officer had to go out on sick leave. We objected to the prosecution’s continuance request, but the judge granted the delay over our objection. This was not surprising. People get sick. In some states it is common for cases to be dismissed if an officer doesn’t show up in court — even for illness; not so in Virginia.

We will return to court in a couple months to start the fight all over again.

Client Reviews

    
 
 
       Posted on Google  
   
   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year).

I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious.

I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial.

* Take a DMV Driver's Improvement Course

* Take a Behavior Modification Course

* Do 100 hours of community service

* Print my DMV Record one week before the trial

On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me.

No criminal record.
No jail time.
No suspension of license.

I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing.

Thank you Dave Albo for helping me through this ordeal!
  
 
      Posted on Google  
   
   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer.
He has helped me twice now with great results both times with minor traffic tickets.
I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
      Posted on Google  
   
   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
      Posted on Google  
   
   Amanda Stallard 
 
 
 
 Trustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.
  
 
      Posted on Google  
   
   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.
  
 
      Posted on Google  
   
   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
      Posted on Google  
   
   mitquinn88 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.
  
 
      Posted on Google  
   
   G R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
      Posted on Google  
   
   Hope Carrigan 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and  grateful; I highly recommend retaining his services. Well beyond worth it!!
  
 
      Posted on Google  
   
   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.