Felony DUI Attorney in Chesapeake, VA

Over a Decade of Criminal Defense. Attorney Pettrey Handles Every Case Personally.

A felony DUI charge is categorically different from a standard DUI. The consequences reach further, the court process is more demanding, and the margin for error is smaller. At Pettrey Law, PLC, Attorney Kevin Pettrey handles every phase of a felony DUI case personally, from the first phone call through resolution in Chesapeake Circuit Court. That direct involvement isn’t a selling point; it’s how we work.

We serve clients in Chesapeake, Virginia Beach, and Suffolk, and we offer free initial phone consultations. Financing options and payment plans are available to make representation accessible when you need it most.

If you or someone you know is facing a felony DUI charge in Chesapeake, call us today at (757) 796-6996 to speak directly with Attorney Pettrey in a free initial consultation.

When a DUI Becomes a Felony in Virginia

Virginia law treats first and second DUI offenses as misdemeanors. The charge becomes a felony under Va. Code § 18.2-270 when specific thresholds are crossed, and understanding exactly where that line falls matters immediately after an arrest.

The most common trigger is a third DUI within a 10-year period, which is automatically classified as a Class 6 felony. If someone has already been convicted of a felony DUI, any subsequent DUI conviction is also a felony, regardless of how much time has passed. Separately, a DUI that results in the death of another person can be charged under felony statutes governing involuntary manslaughter or aggravated involuntary manslaughter, and a DUI causing serious bodily injury may be charged under additional felony statutes.

Mandatory Penalties for a Felony DUI Conviction in Virginia

The sentencing structure under Va. Code § 18.2-270 includes mandatory minimums that judges cannot suspend or reduce. The floor is fixed by statute.

Third-offense DUI penalties include:

• Mandatory minimum of 90 days in jail and a $1,000 fine when three offenses occur within a 10-year period
• Mandatory minimum of 6 months when all three offenses occurred within 5 years
• Maximum prison term of 5 years as a Class 6 felony

Fourth & subsequent DUI offense penalties include:

• Mandatory minimum of 1 year in prison and a $1,000 fine
• Indefinite revocation of driving privileges by operation of law

A restricted license may be sought by petition after three years, and full restoration may be sought after five, but those outcomes depend on meeting statutory conditions and aren’t automatic.

Why Chesapeake Clients Choose Pettrey Law, PLC for Felony DUI Defense

Attorney Pettrey has been in practice since 2011 and brings over a decade of criminal defense experience to every case he handles. He was selected as a Super Lawyer Rising Star in both 2017 and 2018, a designation awarded to fewer than 2.5% of attorneys, and has been recognized by the National Association of Distinguished Counsel. These credentials reflect the standard of representation our clients receive.

Clients get a personalized defense strategy built around the specific facts of their case. We explain what’s happening at each stage, help clients understand what to expect, and don’t hand files off to associates. When your freedom, your record, and your driving privileges are on the line, you work directly with Attorney Pettrey from start to finish.