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  •   Virginia Court Opinions Opinions from the Supreme Court of Virginia, Court of Appeals of Virginia, Judicial Ethics .

Felony/Misdemeanor    
For purposes of defining punishment, felony charges in Virginia are classified into six classes: from Class 1 to Class 6, with
Class 1 being the most serious and Class 6 the least.  All felonies carry the possbility of incarceration.  Misdemeanors are
classified into four classes, Class 1 being the most serious and Class 4 the least.  First offense Class 3 and 4
misdemeanors do not carry the possibility of jail time, and are punished by enumerated fines, while Class 1 and 2
misdemeanors such as reckless driving and driving on a suspended lincense, do carry with them the possibility of
incarceration, which can be up to 12 months in jail.
           Reckless Driving (Felony or Misdemeanor)

    Reckless driving - speeding in excess of 80 mph (11 years)
    Reckless driving - speeding 20 mph or more above the speed limit (11 years)
    Reckless driving - racing (11 years)
    Reckless driving - passing or overtaking an emergency vehicle (11 years)
    Reckless driving - passing a school bus (11 years)
    Reckless driving - passing on the crest of a hill (11 years)
    Reckless driving - passing at a railroad crossing (11 years)
    Reckless driving - passing two vehicles abreast (11 years)
    Reckless driving - driving two vehicles abreast (11 years)
    Reckless driving - driving too fast for conditions (11 years)
    Reckless driving - failing to give a proper signal (11 years)
    Reckless driving - faulty brakes/improper control (11 years)
    Reckless driving - on parking lots, etc. (11 years)
    Reckless driving - with an obstructed view (11 years)
    Reckless driving - generally (11 years)
    Speeding 20 mph or more above the posted speed limit (5 years)
Number of Years a Conviction Stays on Your Virginia Driving Record
                        Driving Under the Influence

    Driving while intoxicated (11 years)
    Driving under the influence of alcohol or drugs (11 years)
    Driving under the influence of drugs (11 years)
    Driving after illegally consuming alcohol (persons under age 21) (3 years)
    Driving while intoxicated - maiming (11 years)
    Involuntary manslaughter/alcohol (11 years)
    Refusing blood/breath test (11 years)
    Driving while your license is suspended or revoked for driving while intoxicated (11 years)
    Driving while your license is revoked for driving while intoxicated - maiming (11 years)