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Is a DUI with an accident a misdemeanor or a felony?
Question:
Is a DUI with an accident a misdemeanor or a felony?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
All states make it a crime to drive with a BAC of .08 or greater, but each state has different laws regarding penalties and procedures. A drunk driver's license could be suspended or revoked. You should understand the difference between a misdemeanor vs. a felony DUI. Generally, a first time DUI is charged as a misdemeanor. Even if you drive drunk with a low BAC and someone is injured in an accident, then you could be charged with a felony DUI. Some states make it an automatic felony DUI even for a first offense if you drive drunk with someone in the car who is under 15 years of age. A felony DUI may result in a prison sentence up to one year or more in a state or federal prison. If someone dies in an accident involving a drunk driver, then the drunk driver could be charged with negligent manslaughter or murder depending on state laws. Sentencing, penalties and fines vary on factors such as prior DUI offenses and the degree of injuries someone may have sustained in the accident caused by the drunk driver.
You should hire a criminal defense attorney that specializes in DUI cases if you have been charged with a DUI misdemeanor or DUI felony. DUI charges are serious. A criminal defense DUI attorney is an expert at DUI laws and can defend you in court. The attorney can determine if the police followed the correct rules or procedures when they arrested you by reviewing your arrest records. The attorney can help you avoid a prison sentence or felony DUI charges.
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