Third or Subsequent DUI The Right Attorney Makes All The Difference

Three or More DUI Offenses in Virginia Beach

Aggressive Defense Against Multiple DUI Charges – (757) 267-4949

In Virginia, a third or subsequent DUI offense is considered a felony offense, as opposed to a misdemeanor. Due to the severity of these types of crimes, it is important to obtain legal counsel from a qualified criminal lawyer. At The Law Offices of Daniel J. Miller, our legal team possesses the extensive knowledge of Virginia laws and court proceedings to help you get your penalties reduced or your case dismissed. Our attorney can navigate through the complexities of the legal system with you from start to finish.

Contact us online or call our office at (757) 267-4949 to schedule your initial consultation.

What is A Felony DUI?

When you are arrested for a DUI in Virginia, it can be charged as either a misdemeanor or a felony. Felony, being the scary word that is, does accurately depict the severity of this charge. Those charged with a felony may be looking at serious jail time with a number of other losses of freedom that persist long after your jail sentence.

In Virginia, most DUIs are misdemeanors. In fact, the first two DUIs usually are charged this way. These are the common DUI charges, wherein an individual is simply pulled over, discovered by a police officer to be over the legal limit, and then the normal process ensues. Penalties for a first or second offense include a relatively short jail sentence, manageable fines, and mandatory classes and programs. At a certain point, the misdemeanor may fall off of your record, and it could be as though the incident never happened.

However, when an individual collects his or her third DUI, the court system treats this as habitual offending, and punishes it as a felony. When an individual’s third DUI is charged as a felony, he or she will face years in prison, fines reaching tens of thousands of dollars, and three or four years without the ability to obtain even a restricted license. If an individual is facing a felony DUI that caused great bodily harm or even death, prison sentences can reach decades, and that individual will then lose the right to vote or international travel. Additionally, this offense will forever be a blemish on any background check.

Each DUI after the third will also be charged as a felony, each with increasing prison time and harsher consequences, perhaps even losing the ability to obtain a Driver’s License for the rest of your life. In addition to the number of DUIs, the following factors may turn a misdemeanor DUI into a felony DUI, even if it is an individual’s first offense:

Great bodily harm
Severe property damage
Child endangerment
Vehicular manslaughter

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Third DUI or Subsequent DUI Penalties

If you have been convicted of a third DUI offense within 10 years, it is classified as a Class 6 felony, punishable by a maximum prison sentence (mandatory minimum of 90 days) of five years and a fine of up to $2,500. However, if it’s your third DUI offense within five years, there is a mandatory minimum jail sentence of six months and mandatory minimum fine of $1,000.

If you have been convicted of a fourth or subsequent DUI offense within 10 years, it is classified as a Class 6 felony. However, the mandatory prison minimum is one year instead of 90 days or six months. In any one of these occasions, your license will be suspended indefinitely.

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Call (757) 267-4949 Today For A Consultation

There is hope in all cases to reduce a felony charge to a misdemeanor or perhaps even have the charge dropped due to lack of evidence. While we cannot promise any particular result, we can assure you that we will devote all of our efforts and resources to your vindication. Contact the Law Offices of Daniel J. Miller today. With over 25 years of combined experience, our attorneys can provide the legal assistance necessary to obtain the outcome you need. Let us protect your rights, reputation, and freedom today.

Send us an email or call us at (757) 267-4949 to schedule your consultation!

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Read Our Client Testimonials

At The Law Offices of Daniel J. Miller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

“Mr. James Weaver and his team are true professionals.”
Mr. James Weaver and his team are true professionals. From the start, he was honest and straightforward. He always stayed positive with me and kept me calm when I thought everything was going horrible. Mr. Weaver got me the best outcome possible in my situation. I highly recommend him to anyone looking for a great lawyer.
I hired Mr. Weaver for my family law issues.

- S. Bohrer
“I am forever grateful and will highly recommend him . Mr. Miller”
I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.

- C. Dickens
“I will never forget him and I will recommend anyone to him.”
Mr. Miller is phenomenal. You can sense that he genuinely care about your case. He realizes how much a case can impact a person for the rest of their lives and will try to do anything from his knowledge, experience, and will power to help you get the best results. Words can not describe how I am so pleased to have gone through with my case with Mr. Miller. I will never forget him and I will recommend anyone to him.

- Client
“Excellent Attorney!”
Excellent Attorney!
Daniel J. Miller is an absolute pleasure to speak with and conduct business with! Very intelligent, knowledgeable of the law, friendly, and professional! I was very pleased with the outcome of my case and will be hiring him for my future legal needs.
I highly recommend Daniel J. Miller for your legal issues and needs.
Don't let cost be a detractant, you get what you pay for. And Premium Representation comes with a premium cost, but is well worth it!

- T. Neilan
“Dan put me at ease almost immediately with his knowledge and tenacity.”
I was very nervous when I had to go to court over a traffic accident I was recently involved in. Dan put me at ease almost immediately with his knowledge and tenacity. By the time Dan was finished questioning the other people involved in the accident I did not even have to testify (which was the major source of my nervousness). My innocence was clear to everyone in the room, thanks to Dan. Would definitely use him again and recommend him to others. Aside from his performance during the hearing he was very easy to contact and always kept appointments with me. He also answered all of my questions patiently and with understanding.

- Client

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