It is a DUI / DUI a felony?
If you are facing a charge of driving under the influence of alcohol or other controlled substance, can you ask a common question? It is an offense DUI?
This answer is not so simple, because DUI laws vary from one jurisdiction to another. Generally, DUI cases are handled in Superior Court of the state, and each state has its own laws governing DUI. In general, however, a first time DUI is a misdemeanor, with some caveats.
First, even a first DUI time usually will be raised to a felony if someone was injured as a result of a drunk driver, or if there is reason to believe that the driver was negligent or reckless, in addition to the effects of alcohol.
In the case of serious injury, a DUI is often charged as a felony vehicular assault call. If someone dies as a result of the episode of drunken driving, the driver who was at fault probably be charged with felony vehicular homicide, or in some cases with vehicular manslaughter, which carries a higher penalty if the defendant is convicted.
Another way that a felony DUI rises instead of a misdemeanor is when a driver has several convictions for DUI. This varies by state, but normally rises DUI a felony in the fourth DUI conviction. However, in some states even a second or third DUI arrest can be charged as a felony.
In some cases, the alcohol level in the blood can also affect whether the DUI is charged as a misdemeanor or a felony. In most states, the limit of blood alcohol is .08. If the level of blood alcohol is well above the legal limit, the prosecutor may take this into account as evidence of negligence. It is assumed that someone who is severely affected as a result of a very high alcohol consumption should know that driving in such a deteriorated state is likely to result in serious harm to others.
With all this information about DUI when it becomes a felony, it may be useful to define exactly what the term “misdemeanor” and “offense” means. Generally speaking, a misdemeanor is a crime punishable by up to one year in county jail. A felony, on the other hand, is punishable by a year or more in prison.
The difference between a misdemeanor and a felony can come into play when applying for a job, housing, credit or even in some cases. Some employers, landlords and lenders may be willing to do business with someone with what is considered a “minor” misdemeanor, but would eliminate anyone with a felony conviction history.
If you are facing DUI charges, it is best to speak with a competent attorney who specializes in DUI cases. A trained to handle DUI cases in the jurisdiction where the incident can provide clear information about whether or not the particular circumstances of a DUI result in felony charges occurred lawyer.
In short, there is no single answer to the question “Is it a felony DUI.” The only way to know for sure is to read the documents of the charge of DUI, or ask a qualified to interpret for you lawyer.