Felony DUI
Driving under the influence is a serious matter. If you are arrested for driving while impaired, you may face severe penalties and consequences. Being arrested, facing suspension of your license, high insurance rates, and even jail time are among the penalties you may face. Driving under the influence is usually a misdemeanor crime. However, under certain circumstances, felony driving under the influence charges may be brought against you.
The usual criteria for determining if the District Attorney will bring felony charges are the severity of the case. If you have injured someone else in an auto accident due to driving while under the influence of drugs or alcohol, felony charges will likely be sought. Laws vary from state to state but the injury rule is prevalent among most of them. Some states also have an additional requirement that the driver has to have driven negligently. So, while you may have been in accident while under the influence, if you did not violate any traffic laws or if it can not be proven that there was negligence involved, you may still only face a misdemeanor offense even if there was a resulting injury.
The second most common determining factor for felony DUI is if you have had other misdemeanor convictions in the past or if you have had another felony conviction in the past. Again, state laws vary but some states have rules that if you have had a previous conviction, the second charge will generally be a felony. Most states, however, have a three strikes rule. If you have been convicted for driving under the influence misdemeanor at least three times, the next charge will automatically be a felony regardless if there was any damage or injury.
In the case of a felony driving under the influence charge, you are typically faced with much more severe penalties. While a misdemeanor charge may entail a short jail sentence in county jail, a felony conviction often comes with a prison sentence. The minimum and maximum time to be served varies from state to state. There will also be lengthier, if not permanent, driver’s license suspensions. If there was an injury or accident, fines and restitution will likely be ordered to compensate for any pain and suffering, damage, or loss of income resulting in the accident.
If you are charged with felony DUI, check with your attorney for the possible penalties associated with driving under the influence in your state. It is important to retain an attorney for your defense because you are looking at some serious legal issues that will affect you for the rest of your life. An attorney may be able to help reduce charges or save you from a long amount of prison time. They may also be able to reduce the amount of money you will need to compensate the victim of an injury.
Felony charges of driving under the influence are very serious. A skilled, experienced attorney will be able to advise you on the possible penalties and recommend a strategy for defense. It is important to seek help as soon as possible to avoid long lasting, far reaching consequences of living with a felony DUI conviction.
