Whether you have been charged with driving under the influence of alcohol or of drugs, there is the chance that you could face felony charges, even for a first-time offense. A felony conviction entails penalties that are more severe than the penalties for a misdemeanor conviction. On your personal record, it is much more damaging to have a felony conviction than a misdemeanor conviction. It is important then to be aware of when an offense could be a felony, and what a DUI defense lawyer can do about it to protect your reputation and freedom.

First of all, in most states, a blood alcohol concentration (BAC) of 0.08 would land you a DUI charge. If you are deemed to have a BAC that is considerably higher, such as 0.16 or higher, then this could become a felony DUI charge. You can also be charged for driving under the influence of controlled substances, such as marijuana. Even driving with prescription drugs in one's system could land you this charge. This is true even if you do not think you are intoxicated. Most of these charges will probably be misdemeanors though.

A DUI or DWI charge would be a felony, however, under the following circumstances. In most states, if you drive while intoxicated and you have a child passenger, then regardless of your criminal history you would face felony charges. Legally speaking, a child is usually considered to be younger than 15 or 16 years old. If you get into an accident that results in injury or even death, and an officer determines you are under the influence, then you would definitely face felony charges. Now in some states, if you are the only one injured, you would not be charged with a felony; in other states, injuring yourself is all it takes to bring on this aggravated charge.

A history of previous convictions could also escalate the DUI charges you face. Again, this will depend on state law, but if you rack up enough misdemeanor DUI convictions, any subsequent DUI charges would automatically become felony charges (unless your attorney can strike a prior conviction). Some states only require one previous DUI conviction to level a felony DUI charge. If you are charged with driving under the influence, but you should not have even been driving, then this too will mean a felony charge. Wherever you are charged, and whatever your personal record, driving while intoxicated on a suspended or revoked license will definitely lead to a felony charge.

While any DUI is serious, there is a substantial difference between a misdemeanor and a felony DUI when it comes to the penalties. But, no surprise, the specific penalties attending each type of charge will vary according to each state's legislation. As a general overview however, misdemeanors can mean jail sentences, felonies usually mean at least one year in state prison. A DUI felony conviction could land someone in prison for more than five years even. As for fines, these could reach as much as $10,000, if not more.

Still, with a felony charge there is the chance for a probation sentence. While still serious, this would mean serving a sentence outside of prison. This will mean having to report to a probation officer with frequency, being asked to take drug tests at random, paying legal fees, and not committing the slightest infraction, especially another offense such as driving intoxicated or abusing controlled substances.

When faced with the prospect of prison, a lot of people might forget that having their driver's license suspended or revoked is another serious penalty that could be imposed. A DUI could easily mean the loss of your license for at least a year; a felony DUI could make that longer. And in many circumstances, you could lose your license whether or not you are actually convicted of any DUI.

If you should ever face such daunting consequences, you need to find the strongest defense lawyer possible. Start defending your driving privileges, your freedom, and your future when you call a DUI attorney today!