What is felony DUI?
When there is a fatal car accident and one driver is accused of driving under the influence of drugs or alcohol, there may be charges of a felony DUI or vehicular manslaughter filed against the accused driver.
How is one convicted?
In order to be convicted of vehicular manslaughter, the prosecuting attorney must prove that:
- The driver was intoxicated
- He violated a traffic law or acted negligently
- This violation of the law or negligence was the reason for the death
What are the consequences?
If the accused driver is convicted of these charges, he may face up to four to ten years in prison, depending on the circumstances of the accident. Not only will the driver be a convicted felon, but the points for the accident will remain on his license for 11 years, which will make it difficult for him to restore his right to drive.
In Virginia, anyone arrested and charged for a felony criminal offense has the right to a preliminary hearing. The accused can waive the preliminary hearing as long as it is in writing.