Depending on the state in which the offense occurs, any DUI or driving under the influence charge can be increased from a misdemeanor to a felony offense under different conditions. In most states a DUI charge occurs when a the driver's blood alcohol level is over .08, however in the event they injured, caused bodily harm or killed another while operating a vehicle in this condition the charge becomes a felony. In addition typically if a second DUI charge occurs within a set time after a previous DUI charge the second automatically becomes a felony, regardless if there was an accident that caused injury or death or not.
Felony DUI Penalties
In any state felony DUI charges, especially with injury or death or repeat offenses, become much more significant after the first offense. While the first offense may result in probation, loss of driving license and mandatory classes with a small amount of jail time, felony offenses will include lengthy jail time.
Possible Penalties for a DUI
- Prison time
- Fines and court fees
- Parole after sentence is complete
- Revocation of driver's license
Felony DUI Sentencing
With new types of roadside breathalyzers and other testing devices it is considerably more challenging to fight a felony DUI charge. This can be especially true if there are past DUIs or other felony DUI charges on the individual's criminal record. Courts are much more likely to move to maximum sentencing with felony DUI than with almost any other case since there are very few mitigating factors that can be presented.
Get Legal Help For Felony DUI
While there may be difficulties in presenting a defense for a felony DUI charge, a criminal defense attorney with experience in these types of cases can be a real asset to your case. They may be able to get the charges reduced or even the jail time decreased, especially if it is a second offense with no injury to another during the incident. In some cases the attorney may also be able to suggest and work with the prosecutor on reduced jail time with probation or increased parole as another possible option. Since these types of charges carry significant long term effects, getting an attorney on your side is essential.
- If you have been charged with a Felony DUI, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
