Is a DUI ever a felony charge?

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Question:

Is a DUI ever a felony charge?

Answer:

Yes, felony DUI does exist and is a much more serious charge than a misdemeanor DUI. What makes a DUI a felony as opposed to a misdemeanor is different in every state, but in general someone may be charged with felony DUI if:

  • Another person was seriously injured or killed in an accident.
  • The blood alcohol level of the defendant was significantly higher than the legal limit.
  • The arrest occurred after several previous DUI convictions usually within a specified period of time.

Multiple Priors

If you were safely pulled over for reckless driving, speeding or swerving in and out of traffic and then charged with DUI, chances are you are being charged with a misdemeanor crime punishable by less than one year imprisonment. However, if this arrest is your fourth one and you live in California you will probably be charged with a felony. Even when your blood alcohol tests barely over the legal limit, if you have a history of prior DUI convictions the likelihood of being charged with a felony increases dramatically.

  • In Illinois, a third DUI conviction is punishable by up to 7 years in prison and fine of up to $25,000.
  • In New York you can be charged with a felony with only one prior DUI conviction.

Aggravating Circumstances

When you are driving under the influence and your impairment results in an accident that causes serious harm or kills one or more other people, you should expect that you will be charged with a felony.  You can also be charged with a felony in many states if you are found to have an extremely high blood alcohol content. Georgia is an example of a state where you can be charged with a felony for testing .15 or higher.

Get Legal Help

Facing felony charges is scary, and serious. You face more than just embarrassment, you are facing loss of your freedom, hefty fines and a criminal record that will haunt you for the rest of your life. Contact an experienced DUI defense attorney and discuss your situation and begin to prepare to defend yourself against the charges.

References:

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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