Most of the time, when you are arrested for a DUI you will be charged with a misdemeanor. This may still involve jail time, fines, and other penalties, but won't be as damaging to your criminal record as a felony conviction. Yet certain actions can elevate a misdemeanor crime to a felony crime. If your crime is raised to a felony, it may mean much harsher penalties.
Also, you may be labeled a convicted felon, making it difficult for you to get a job in the future. Oftentimes felons have to spend over a year in prison and must pay hefty fines. Misdemeanors are typically easier to argue down with the court. The DUI laws per state vary, but in general there are some simply ways that misdemeanor DUIs can turn into felonies.
First of all, your misdemeanor DUI may turn into a felony if you are involved in an accident while intoxicated. If this accident cases injury or death to any of the parties either rin your car or in another vehicle, then this can automatically boost your DUI to a felony.
In California, prosecutors have the right to elevate a misdemeanor DUI to a felony DUI if the intoxicated driver kills someone in a crash. In some states, this is called vehicle manslaughter, and other state have a felony charge called DUI with injury for cases that involve in a crash. Conservative states may even issue a felony for a DUI with accident, regardless of the extent of the injuries.
Also, if you are arrested for a DUI and are driving on a suspended license, then you may find that your crime is raised to be a felony. The police will want ot make sure that you have a suspended, restricted, or revoked license. In Illinois, if you drive drunk while you have a suspended license, then you can have a felony charge and may face up to three years in prison.
The police often take license suspension seriously. This is because the law enforcement probably revoked your license because you were already an unsafe driver and they wanted to protect the public. If the public are put at risk by your driving regardless, then you need to contact an attorney at the firm today.
A third way to turn your misdemeanor charge into a felony is if you have prior DUI/DWI convictions. If you have already been penalized for a DUI in the past, there are often harsher penalties for those that are arrested again for the same offense. In New York, second time DUI offenders can be charged with a felony and may be sent to prison for as long as 4 years. Many states have organized their penalties so that they increase for every subsequent DUI.
Also, if you drink far over the national limit of 0.08%, this may be a way to increase your DUI to a felony. Some states will penalize drivers with felony convictions if they drink over double the limit or have a drink in the car next to them when they are arrested.
Resisting police can also be a way to increase your DUI to a felony. Whether you are charged with a misdemeanor or a felony, you need an attorney on your side to help you with your case. Don't hesitate to call a lawyer at the firm today for more information. With the right attorney there, you can work towards a satisfactory verdict in court, and may be able to avoid a felony conviction! Call today!