Third and subsequent DWIs became felonies in Virginia in 1999. Since that time, Virginia has had a 10 year lookback period for using previous DUIs to enhance punishments. Currently, Virginia Code § 18.2-270 has the following DWIs and minimum mandatory punishments:
3 DWIs committed within a 10 year period 90 days
3 DWIs committed within a 5 year period 6 months
4 (or more) DWIs within a 10 year period 1 year
These portions of the law remain the same.
The new section, which becomes law on July 1, 2013, drops the 10 year lookback period and declares that anyone who has previously received a felony DWI will receive a mandatory minimum sentence of one year:
2. A person who has been convicted of § 18.2–36.1, 18.2–36.2, 18.2–51.4, 18.2–51.5, or a felony violation of § 18.2–266 shall upon conviction of a subsequent violation of § 18.2–266 be guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation of § 18.2–266 shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000.
Someone who could receive no jail time before the new law, will get and serve at least one year after July 1, 2013!
Our passion at Tillotson & Martin, L.L.C., is defending citizens against such unfair traffic & DUI laws. We write the book for DWI defense for Virginia attorneys and provide seminars for attorneys on how to beat the breath test machine. We train extensively to develop and improve cutting edge defenses. Our attorneys are active National College for DUI Defense members, are certified in NHTSA Field Sobriety Testing, and are trained to interpret breath test and blood test data.
Don’t let a DWI ruin your life. We strive to be the best trained and most prepared Virginia DUI attorneys so that we can aggressively fight for your rights. Call us for a free consultation at (757) 969-5197.