Felony DUI charges are significant and serious for any driver who faces them. Compared to a misdemeanor DUI, a felony DUI can lead to years in jail or prison, substantial fines, and can severely limit many aspects of your life for an extended period of time.
In a felony DUI situation, you must take immediate action and react thoughtfully. After a night out, you may be pulled over, and what initially appears to be a minor error can escalate into something far more serious and potentially felonious.
The majority of felony DUI cases arise as a direct result of repeated offenses, an injury sustained by another person, or the presence of a very high Blood Alcohol Concentration (BAC). You must understand when a DUI becomes a felony in order to fight the DUI charges.
What Constitutes a Felony DUI Charge?
Most states consider a DUI to be a felony when certain aggravating circumstances exist. These include:
- Repeated DUI Convictions: Most states will elevate a DUI to a felony if you have three or four DUI convictions within a specific time frame.
- Accidents Causing Injury or Death: If another party is injured or killed during a DUI accident, the prosecution will usually pursue felony charges.
- Operating a Vehicle While Your License Has Been Suspended: If your license has been suspended and you continue to operate a vehicle, you may face felony charges.
- Extremely High Blood Alcohol Concentration (BAC): Many jurisdictions impose harsher penalties if your BAC exceeds a certain threshold.
Every state considers a felony DUI to be a serious crime that could have a lasting effect on your future. The ramifications of being charged with a felony DUI are substantially more severe than a short-term suspension of driving privileges.
Penalties Can Include
- A minimum of 1 year in a state or federal prison/jail, with additional years possible, depending on the circumstances of your case.
- Thousands of dollars in court costs and/or fines
- Felony DUI convictions result in charges that go on your permanent criminal record; this could severely limit your ability to obtain employment, where you can live, etc.
- You will be required to participate in substance abuse/treatment programs as a condition of having your driver’s license reinstated.
- Vehicle impoundment/ignition interlock devices can greatly limit your ability to regain possession of your vehicle.
In addition, a conviction may cause you to lose your professional license, increase your insurance premiums, and damage your personal relationships.
Why Do You Need an Experienced DUI Attorney?
A DUI attorney who has experience knows how to challenge the evidence in your case. The attorney will question whether the Breathalyzer test results are valid, whether the traffic stop was legally justified, and/or whether the Field sobriety test(s) was performed according to established procedures.
Therefore, do not attempt to defend yourself in this case. The experienced DUI attorney will represent you in obtaining a reduction in your charges, exploring other options for sentencing, and/or seeking dismissal of your charges if the law enforcement officer(s) did not correctly follow established procedures.
Generally, defendants represented by DUI attorneys tend to achieve better outcomes than those who represent themselves.
Points to Keep in Mind
- Felony DUI charges can be the result of prior DUI convictions, an injury to another person, and/or an extremely high BAC.
- The penalties for a felony DUI charge include prison/jail time, significant fines, and a permanent conviction on your record.
- A DUI attorney with experience can help improve the outcome of your case.
- Act quickly and be aware of your rights so that you can protect yourself.
