A typical DUI in Virginia is a misdemeanor, not a felony. Like most misdemeanors, that means the punishments can include fines up to $2500 and a jail sentence of up to 1 year. In addition, a DUI conviction carries mandatory license suspension and probation.
There are certain specific instances when a DUI might be charged as a felony. A felony is a crime punishable by more than one year of incarceration. The most common example of a DUI as a felony is one in which the accused has at least two prior convictions of that offense within the previous 10 years.