Alexandria Felony DUI Lawyer
When someone gets their first DUI charge, they are facing a misdemeanor offense. However, if a person has two or more prior DUI convictions within the last ten years of the current charge, they would be charged with a felony. The fact that the individual has two or priors elevates the DUI offense to a felony. If you are facing a felony DUI charge, you should reach out to a dedicated DUI attorney. An Alexandria felony DUI lawyer could fight for you and protect your rights.
Differences Between Felony and Misdemeanor DUI Cases
A misdemeanor DUI could be finalized in General District Court, whereas a felony DUI case is not. There are two levels of trial courts in Virginia: a district court and a circuit court. District court level trials could finalize all misdemeanor charges. However, with a felony charge, the only process that is available to the criminal defendant in the district court is a preliminary hearing.
If an individual is charged with a felony DUI, their first stop is going to be District Court for a preliminary hearing where the government must prove that there is probable cause to go forward with the case. If they are charged with a misdemeanor DUI, the first and only stop would be in District Court where they would have a trial to determine whether they are guilty or innocent beyond a reasonable doubt.
Preparing a Defense for Felony DUI Charges
The first step an Alexandria felony DUI lawyer takes in preparing a defense is talking with the defendant to find out from their perspective of what happened. That information gives the attorney some insights as to whether any of the multiple defenses available for DUIs might be present in this particular case. Once they have that idea, they start getting discovery from the government.
Every jurisdiction does discovery a little differently. In Alexandria, they have an open file discovery policy, which enables an attorney to schedule an appointment to go to the Alexandria Commonwealth Attorney’s office and view all the evidence that they have pertaining to their case. The evidence includes officer notes, police reports, and any videos that might be present. Once the lawyer has the government’s version of the event plus the defendant’s version of the event, they can fully evaluate the merits of the case and determine whether any of the defenses for DUIs are going to be available in this particular case.
The Difficulty of Defending Felony DUI Charges
One of the elements that are required to prove the felony is that the defendant has prior convictions. That means the government is allowed to introduce evidence of prior convictions for DUI to the jury at the guilt phase of the trial. So the jury, when determining whether the defendant is guilty or innocent, would already know that the defendant has been convicted of a DUI within the last ten years. This has an impact on the juror’s ability to view this case. It makes it more difficult to defend and close cases when a jury is going to hear that the person already has prior convictions.
Felony DUI Penalties
The penalties associated with a felony DUI in Alexandria, which is a class six felony in Virginia, is incarceration of one to five years. However, there are also mandatory minimum sentences for felony DUIs. If the third conviction happens within ten years, there is a mandatory minimum sentence of 90 days. If the three offenses were committed within five years, the mandatory minimum sentence is six months in jail. That means the defendant is going to do at least that much time upon a conviction for the DUI. Additionally, many defendants upon conviction of a felony DUI have their licenses suspended by the DMV indefinitely. The penalties for a felony DUI are severe, which is why defendants should seek the services of a well-established defense lawyer as soon as possible.
How an Alexandria Felony DUI Attorney Could Help
Every jurisdiction has its own way of the criminal process, like discovery in Alexandria. Certain things are consistent across the state, but every jurisdiction has its own process. Hiring an attorney that has experience in the locality where they are charged is critical. A seasoned Alexandria felony DUI lawyer will know the prosecutors and judges well and how to build a strong defense. If you are facing felony DUI charges, contact a dedicated defense attorney today.
