Five Things to Know About a DUI Felony

By Dewy | Published: April 29, 2010

A DUI felony is a very serious traffic offense and should be treated that way from the time of the traffic stop. If a driver suspects that he or she is over the legal limit of .08 BAC, which is blood alcohol content, the driver should make the presumption that he or she will be ticketed and/or arrested. These drivers can take five steps to help their situation immediately.

First, all drivers need to know the state laws are regarding driving under the influence.   Each state has different DUI felony laws and penalties. Some states treat the first DUI offense as a misdemeanor which is less serious; however, even this misdemeanor carries a heavy fine and possible jail time or probation.

Second, the automobile operator can ask for an attorney to be present at a traffic stop if they know they are over the legal limit and have a problem.  The law officer may ask for a blood test or a breath test. The driver can refuse to give one.  If the driver refuses, driver will probably be arrested and have their driving license revoked.

Third, before being arrested the person should be given a Miranda warning which clearly states that anything said can be held against them in a court of law and that they have the right to an attorney free of charge if necessary. This person also has the right to know what the charges are and should ask at that time what the charges are. It is always a wise idea to use the right to be silent until the attorney is present.

Fourth, once a person has been ticketed, this person has the choice pleading guilty, not guilty or no contest. No contest for law purposes is the same as pleading guilty with the same consequences.  For other events as in civil cases it can be a benefit because no guilt was admitted.  Before making a plea, it is important to know the consequences of each action.

And finally, an attorney that specializes in DUIs has a number of tools at their disposal that are used quite effectively. These tools include reviewing the BAC tests for inaccuracies, the lawfulness of the police actions including the traffic stop and the competency of the police officers. Often times DUI attorneys can get the charges reduced to a lesser charge or totally dismissed.  An attorney who specializes in the DUI felony may be expensive but the cost of that fee is minor when compared to the consequences of the DUI which can include heavy fines, jail time in a state prison and a suspended or revoked drivers license.

A DUI felony is a very serious offense and should be treated that way from the time the driver gets behind the wheel.

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DUI Felony Facts

By Dewy | Published: April 27, 2010

There are a variety of DUI offenses ranging from less serious misdemeanor offenses to the more serious felony offenses.  DWI (driving while impaired), DUI (driving under the influence of drugs or alcohol), impaired driving and other such phrases are used to classify crimes where the operator of a motor vehicle, motorcycle, bicycle or boat is found to have a blood alcohol limit above that outlined by state statute (usually 0.08). The basic difference between a misdemeanor and a felony relates to the severity of the offense and the subsequent punishment or sentence handed down to the person if they are found guilty of the crime. Misdemeanor offenses in general are punishable by up to one year in a county or city jail.  DUI felony offenses are punishable by a jail sentence of one year or more.

A charge of driving under the influence of alcohol is usually a misdemeanor offense however this is only if the person charged has no prior record of DUI/DWI offenses and the infraction only involved the suspect being over the legal blood alcohol limit.  Some reasons why people would be charged with a dui felony include: a prior record of DUI offenses (some states have a 3 strikes law for this), the offense involved injury or death of another person while the suspect was driving under the influence, the crime involved damage to property and/or the defendant has a prior criminal history of drug or alcohol related offenses.

Punishments can differ depending on the jurisdiction.  Persons found guilty of a misdemeanor DUI offense can expect fines ranging from 1000 to 2000 dollars and a drug/alcohol assessment to determine if treatment is required. Some jurisdictions impose a mandatory 5 day jail sentence and/or suspension of motor vehicle operators license ranging from 60-90 days for a first offense. There is usually a probationary period where the offender must complete a variety of requirements including AA or other drug/alcohol education and drug testing.  Although there are set fines offenders must pay after being convicted of a DUI offense, these fines do not include court related expenses, attorney related expenses and expenses incurred by the offender for drug/alcohol treatment if necessary.  The cost associated with this sort of offense can easily reach several thousand dollars.

A person who has received a DUI felony conviction can be sentenced to complete many of the same requirements but depending on the severity of the crime they could also face a prison sentence and/or a much longer and more scrutinizing probationary period along with a complete revocation of their motor vehicle operator license.

The state where a DUI offense occurs can have a great bearing on the sentence received for this crime.  Some states such as California have statutes that allow police to charge a person with multiple DUI offenses if the person exceeds a certain blood alcohol level.  Other states have 3 strikes laws where if a person is found guilty of multiple DUI offenses at different times, regardless of severity, that person has to serve a predetermined mandatory prison sentence.

Being involved in any sort of DUI offense can be very disruptive to a person’s life and a DUI felony conviction can potentially destroy your life.  Persons found responsible for DUI felony have usually committed very serious crimes or have continuously been caught drunk driving.  These people usually do not escape some sort of prison sentence.  DUI felony, unlike DUI misdemeanor, is extremely difficult if not impossible to have expunged from your formal record and could result in you not being able to obtain a driver’s license.

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Criminal DUI Felony Charges

By Dewy | Published: April 25, 2010

One thing is truly certain about DUI charges, and that is that they are no laughing matter.  DUI cases have dramatically increased throughout the US and with this comes stricter penalties and punishments.  Driving under the influence is something many people regret, but after all is said and done those facing future court dates all have one question on their mind: Is a DUI a felony?

This question does not have a simple yes or no answer, as each DUI conviction is different and different states have different laws in force to determine whether a DUI is a misdemeanor or felony.  Some factors that affect a conviction of becoming felony charges are if there was injury or death caused by impaired driving, if there are prior convictions within a specified time frame, and the Blood Alcohol Content.

The consequences of felony DUI are truly life altering.  The DUI penalty is much higher for those convicted of a felony as opposed to a misdemeanor.  While a misdemeanor DUI will cost little to no jail time in your local county jail, a felony DUI is punishable for longer terms in state prison.  The time you are sentenced depends on the severity and the state.  Some states will require a minimum of 12 months in prison for a fourth time DUI, others will require a much longer period.  This will entirely depend on the time that has elapsed from prior convictions, your terms or probation, and the specifics on your prior DUIs.

For those that are going through a first time DUI felony conviction, these are much different.  These are generally cases that involve injury or death to a third party or passenger, and although any DUI case is serious, these are far more serious than the others.  A prosecutor will charge the criminal offense as a felony, and if death has occurred as a result of the accident, some states allow prosecutors to add on manslaughter charges as well.  There will be an in depth investigation for first offenders and multiple offenders that have caused another family the pain of loss or injury.

Sadly,  one trip behind the wheel while intoxicated can cost thousands of dollars, years of hard time and most importantly the life of an innocent bystander.  No one gets behind the wheel and thinks, “I’m going to hurt or kill someone by driving drunk tonight,” however it does happen far too often.  Because of this prosecutors and judges are mandating harsher penalties and fines to try and keep these offenders off the road.

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DUI Felony, DUI Misdemeanor & “Wobblers”

By Dewy | Published: April 24, 2010

Driving Under the Influence, also referred to as Driving While Intoxicated, cases fall under three different categories: Misdemeanors, Felonies and as attorneys call them “wobblers”.  While wobblers can be considered either a misdemeanor or a felony as defined by the law, most prosecutors will attempt to charge them as felonies.  How DUI offenses are charged depend on many factors, such as the defendant’s history of criminal convictions, whether there are prior DUI convictions and how recent they are, and whether there were injuries or death associated in this charge.

Misdemeanor DUI convictions are usually for first time convictions, and in some cases multiple convictions that have low Blood Alcohol Content and no injury.  While misdemeanor DUI charges are still very serious and can affect the defendants job, status and wallet, the DUI penalty assigned by the judge and prosecution is much less.  Generally misdemeanor DUI charges will involve little to no jail sentence, participation in a DUI program, community service, and attendance in a MADD Panel.  These terms are designed to prevent a driver from further convictions in the future.

A DUI felony has stricter penalties and harsher punishments.  Felony convictions require a minimum amount of jail or prison time, varying by state.  Depending on circumstances, a felony DUI can be bargained down to a misdemeanor if the prosecution allows.  Most times, when death and injury are involved, the felony charge will stick.  In some instances, for multiple offenders that have a conviction that results in death, the prosecution will add on manslaughter charges.  This is because the court feels that the offender should have learned from the education classes and impact panels they attended, and still decided to go behind the wheel while intoxicated.  This choice not only costs the life of an innocent party, but also will dramatically change the life of the offender.

With DUI caseloads increasing on a daily basis, courts are buckling down on strict enforcement of DUI penalties.  Whether a DUI is a misdemeanor or a felony, the conviction will stay on your record for 10 years.  Most states will have a Zero Tolerance law, stating that any Blood Alcohol Content above .00 is considered a new DUI conviction.  No one intends to hurt a person or family by driving impaired, however it happens on a daily basis, and those who do will face years of life altering events.

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DUI and DUI Felony Prevention

By Dewy | Published: April 23, 2010

When a driver has been charged on three or more occasions while driving under the influence of alcohol, the DUI reaches felony stage. In California a felony DUI is reached on the fourth DUI charge. In North Carolina it’s a seven year span with three or more convictions resulting in a Class F felony.

A DUI can be troublesome, but tolerable. However, it only takes one drunk driver to create victims. A DUI felony strips driving freedoms from a habitual drunk driver.

In North Carolina the first DUI is deemed irresponsible behavior by a driver, therefore, the driver must face a drivers license suspension for one year. A crossroad chosen poorly by a second DUI.

The second DUI, within three years, results in a four year drivers license suspension. This would be the final warning, per say. Drink and drive a third time and face a Class F felony along with at least one year in jail with even further drivers license suspension. Get caught a fourth time and loose your drivers license most likely indefinitely, including at least a one year jail term, vehicle restriction through an ignition interlock device, and again, a fourth DUI results in a Class F felony.

In California, as mentioned, four DUI charges results in a DUI felony. The first DUI suspends a driver’s license for one year. The second DUI results in a two year suspension and a third takes a driver’s license for three years.

Many insurance carriers will either drop a customer with more than one DUI or significantly increase the costs of insurance. Each DUI gets closer to a DUI felony with rate hikes or potentially being dropped by your insurance carrier, as consequences.

DUI criminal negligence falls under the DUI felony. Meaning when “mens rea”, Latin for “guilty mind”, plays key role in a DUI case, it is very possible a DUI can be considered a felony, depending on the nature of the charge. One thing for sure, driving under the influence can get people killed.

It’s best to consult a local attorney since DUI laws may differ from state to state. The common objective for all states when it comes to a DUI or a DUI felony is to reach drivers before they decide to drive under the influence, again. Knowing what is down the road for a drunk driver, it’s not worth the risk.

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