Q: Would it be a 3rd DWI within 10yrs if one offense was 18yrs ago in 2004?
I was arrested for 3rd DWI within 5-10yrs in Virginia. My 2nd offense was in 2015 and my 1st was 2004 (18yrs ago). Would the charge still be 3rd DWI?
A: It should not be a felony if the first was back in 2004.
Jennifer Alettia French agrees with this answer
A: This would be a 2nd offense within 5-10 years, a misdemeanor.
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