Richmond, VA asked in DUI / DWI for Virginia

Q: Can a felony DUI in Virginia be considered a wobbler.

Can a felony DUI in Virginia be a "wobbler" meaning can the prosecutor amend the charge to a misdemeanor as part of a plea deal. If so, can this be done at or before the preliminary hearing or at some point in the felony case process. I live in Caroline County, VA.

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2 Lawyer Answers
Susan Fremit
Susan Fremit
Answered
  • DUI & DWI Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: The felony DUI could be amended to a misdemeanor as part of plea deal at the preliminary hearing but it depends on your criminal record (if any), the BAC reading, the facts surrounding the alleged offense, whether the prosecution can prove that there are at least 2 prior dui convictions, etc. You should discuss all this with your attorney.

1 user found this answer helpful

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer
Answered
  • DUI & DWI Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: A felony can only be reduced by a Plea Agreement or the Court finding the prior convictions are insufficient as a matter of law to lead to felony conviction.

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