Is DUI A Felony?

Thousands of Americans are arrested every year for driving while intoxicated on substances including alcohol and other miscellaneous substances. In 2006 alone, more than 17,000 people died as a result of injuries received during drunken driving related car accidents. This staggering number has forced the justice system to deliver harsher charges and stiffer penalties for DUI and DWI offenses.

Drinking while driving is a very serious offense that can be charged in several different ways depending on the state where the offense took place and the particulars of the offense. The three different ways a DUI can be charged are misdemeanors, felonies, and or wobblers. Wobblers are DUI offenses that can be charged as either a misdemeanor or a felony. Very serious offenses are typically tried as felonies, as they usually involve personal injury to another individual or individuals.

Have you been charged with a Felony DUI? If so, we can help. Is DUI a felony in your case? Please contact one of our Criminal Defense Lawyers in your area to help now.

Felony DUI and DWI carry stiffer penalties due to the nature of the crime. Driving under the influence can be categorized as a felony if an individual is harmed in any way due to DUI or DWI. If vehicular manslaughter occurs as a result of driving under the influence, you may be charged with a felony DUI. Multiple convictions for DUI will also be taken into account for subsequent charges of driving under the influence.

Factors taken into consideration for a Felony DUI:

• Prior convictions – Have you been convicted of DUI before?
• Blood Alcohol Level (BAC) – How much did you have to drink?
• State DUI occurred – Where did the alleged DUI occur? Different states have different penalties.
• Injuries due to DUI – Was anyone personally injured as a result of your DUI?

In some states, there must be proof of negligent driving and/or proof of traffic law violations for a DUI to be prosecuted as a felony. California is one such state. If convicted for a felony DUI, prosecutors typically seek prison sentences and not the usual county jail sentence as per the case with misdemeanor DUIs

Have you been charged with a Felony DUI? If so, we can help. Is DUI a felony in your case? Please contact one of our Criminal Defense Lawyers in your area to help now.

Update: AB

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