DUI Felony
Have you recently been arrested and charged with driving under the influence? If so, you may be wondering whether a DUI is considered a felony offense.The laws regarding drunk driving vary from state to state; however, a first-time DUI offense is generally considered a misdemeanor, barring any extenuating factors.
If a victim sustains personal injury as a result of a drunk-driving accident, the driver may be charged with felony vehicular assault, even if it is the driver’s first offense. Should someone be killed by a driver under the influence of alcohol and/or drugs, the driver may be charged with felony vehicular manslaughter or vehicular homicide—the latter being the more serious of the two crimes.
Another factor in determining whether or not a DUI is classified as a felony is the amount of prior DUI convictions on the driver’s record. In most states, a fourth DUI offense is classified as a felony, while in some states a second or third offense is a felony.
A driver’s blood alcohol content (BAC) may also determine if a DUI is charged as a felony. Across the country, the legal BAC limit is .08 percent. If the driver’s BAC is excessively high (i.e., .20 percent or greater), the prosecution may argue that the driver was negligent and knew that driving in such an intoxicated state could cause bodily harm or property damage.
Now that you know the difference between how a misdemeanor and a felony are classified, you may wonder what the actual terms mean. Generally, a misdemeanor is punishable by up to one year in jail, while a felony is punishable by a year or more in a state penitentiary.
Being convicted of a felony offense may severely limit your employment opportunities. For example, some school systems have rules regarding the employment of convicted felons. Some lenders and landlords may also decline to do business with someone with a felony on his or her record.
An experienced attorney can help you during this stressful time. If you have questions regarding DUI felony in your state, it may give you peace of mind to discuss your case with a DUI defense lawyer.
