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.
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.
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