If you're facing a charge of driving under the influence of alcohol or another controlled substance, you may be asking a common question? Is DUI a felony?
This answer is not so simple, since DUI laws vary from one jurisdiction to another. In general, DUI cases are handled in state superior court, and each state has its own laws that govern DUI. In general though, a first time DUI is a misdemeanor, with a few caveats.
First, even a first time DUI will usually be raised to a felony if someone was injured as a result of a drunk driver, or if there are grounds for believing that the driver was negligent or reckless in addition to being impaired by alcohol.
In the case of serious injury, a DUI is often charged as a felony called vehicular assault. If someone is killed a result of the drunk driving episode, the at-fault driver will likely be charged with felony vehicular manslaughter, or in some cases vehicular homicide, which carries a higher sentence if the defendant is convicted.
Another way that DUI is raised to a felony instead of a misdemeanor is when a driver has multiple DUI convictions. This varies by state, but DUI is commonly raised to a felony on the 4th DUI conviction. However, in some states even a 2nd or 3rd DUI arrest may be charged as a felony.
In some cases, blood alcohol level may also impact whether DUI is charged as a misdemeanor or a felony. In most states, the legal blood alcohol limit is .08. If blood alcohol level is considerably above the legal limit, the prosecutor may take this into account as evidence of negligence. Presumably someone who is severely impaired as a result of a very high alcohol intake should know that driving in such an impaired state is likely to result in serious harm to others.
With all of this information about when DUI becomes a felony, it may be helpful to define exactly what the terms "misdemeanor" and "felony" mean. In general terms, a misdemeanor is a crime punishable by up to one year in county jail. A felony, on the other hand, is punishable by one year or more in state prison.
The difference between a misdemeanor and a felony may come into play when applying for a job, housing, or even credit in some cases. Some employers, landlords, and lenders may be willing to do business with someone with what is a considered a "minor" misdemeanor conviction, but would eliminate anyone with a felony conviction on record.
If you are facing DUI charges, the best approach is to talk to a competent attorney who specializes in DUI cases. A lawyer trained to handle DUI cases in the jurisdiction where the incident occurred can provide you with clear information about whether or not the particular circumstances of a DUI will result in felony charges.
In short, there is no one answer to the question "Is DUI a felony." The only way to know for sure is to read the DUI charging documents, or ask a qualified lawyer to interpret them for you.
A dui can either be charged as a misdemeanor or felony find out from Florida dui lawyers what impacts your case. Georgia dui lawyers can make clear all factors that are applied to your dui case.
No comments:
Post a Comment