Driving under the influence (DUI) charges are possible in a number of different scenarios. People may be at risk of arrest if they encounter a DUI checkpoint. Police officers also frequently arrest people after one-on-one traffic stops or their involvement in a motor vehicle collision.
Drivers may not think of a DUI as a particularly serious offense, particularly if they simply failed a breath test but did not cause a crash. People often expect to face misdemeanor charges and lenient sentencing, especially if they try to cooperate with the state. However, some drivers facing DUI charges are in for a shock, as the state may bring felony DUI charges instead of misdemeanor charges.
When is a DUI potentially a felony?
When a driver has a recent prior DUI conviction
A first-time, simple DUI is likely to be a misdemeanor offense. However, those who have a prior conviction or a DUI with a suspended sentence on their record could be at risk of felony charges. The likelihood of repeat DUI offenses has led to a harsh approach to those with a prior record. Those with a DUI offense from within the last 10 years who get arrested for a second or subsequent DUI charge may face felony charges.
When a driver hurts someone else
Impaired driving is illegal in large part because it puts others at risk. State prosecutors have the right to pursue felony charges in scenarios where drunk drivers cause crashes that lead to injury or death for other people. They may also consider child endangerment charges if there is a minor passenger in the vehicle because of the risk of the child enduring injury or worse.
When the case involves an aggravated DUI
Basic DUI charges are possible when a driver demonstrates impaired ability or has a blood alcohol concentration (BAC) of 0.08% or higher. The state can pursue aggravated DUI charges when people have a substantially higher BAC according to chemical test results. Those who have a BAC of 0.15% or greater are at risk of felony aggravated DUI charges.
Felony DUI charges don’t just carry more serious penalties. They can also result in a criminal record that can have a negative impact on an individual’s opportunities. Fighting DUI charges successfully can help people avoid criminal consequences and may also limit the likelihood of felony DUI charges in the future.