Richmond, VA asked in DUI / DWI for Virginia

Q: Felony DUI Virginia

I have been charged with a felony DUI even though I was not driving my vehicle. I have never been charged with a felony before. Is it possible that a plea bargain could be reached after indictment by the grand jury? Possibly to a misdemeanor considering I was not driving the car.

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

A: Your attorney would be in a better position to answer this question. A felony DUI usually indicates 2 prior DUI convictions. You only need to be in the driver's seat with the key in the ignition. "Drive" has been interpreted to mean "operate". It might be possible to get the DUI amended to a misdemeanor if one or both the prior convictions can't be proven.

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

A: Is it possible that your charge could be reduced? Yes, it is possible but that depends on the facts of the case, the prosecution, the judge and police investigation. The best thing to do to increase your opportunity to have the case resolved favorably is to consult with an experienced DUI defense attorney.

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