DUI – A Felony or A Misdemeanor?

Drunk driving is not only illegal, it’s also extremely dangerous. Those who are suspected of driving under the influence or while intoxicated may be pulled over by the police for a sobriety test. And should they fail, they may have to pay a cash penalty and or face the legal implications of breaking the law. In the U.S., criminal offenses can be either a misdemeanor or a felony. Misdemeanors are lesser crimes than felonies and have less severe consequences. Felonies, on the other hand, involve prison time and heavier fines. DUI or DWI offenses are mostly charged as misdemeanors but some circumstances can elevate them into a felony. In any of these scenarios, you’ll need an experienced DUI lawyer to handle your case and represent you in court. When Is A DUI Offense Considered A Felony? Different states have different rules and guidelines on when drunk driving is considered a felony. It’s often the nature of the arrest that determines whether a DUI offense is one or the other. In the State of Texas, you can be arrested for drunk driving when your blood alcohol concentration is more than 0.08% BAC and you display a lack in the normal use of your physical and mental faculties because of ingesting alcohol, drugs, or other substances. For most states – Texas, included – the offense is almost always a misdemeanor unless there are aggravating circumstances involved. But whether or not you get convicted of the offense, lawful arrest for DUI or DWI may subject you to administrative consequences such as license suspension and fines. Repeat offenders may get their licenses revoked and their vehicles fitted with ignition interlock devices. The first DUI conviction is almost always a Class B Misdemeanor and the second, a Class A. The third conviction, however, is considered a 3rd degree felony and comes with higher penalties and longer prison term. Aside from a 3rd conviction, a person may also be charged with a felony DUI offense if:

• He or she drove under the influence with a passenger who us under 15 years old.
• The intoxication resulted in an accident and someone else sustained serious bodily injury.
• The intoxication lead to an accident where death occurred and DUI was the proximate cause of death.

When convicted of a DUI offense, you may be facing anywhere between two to ten years in prison for intoxication assault and two to twenty years in prison for intoxication manslaughter. In the State of Texas, you may also be required to pay a fine of up to $10,000 on top of your prison sentence. Driving under the influence of drugs or alcohol can have serious legal consequences, not just in Texas but in almost every state in the country. To keep the roads safe for everyone, law enforcement authorities are tasked to actively look out for people who violate driving laws. Plenty offenders were even surprised to find out that they can be arrested for DUI after just a couple of drinks. What Should You Do In Case of A DUI Arrest? Suffice it to say, DUI is considered a serious crime all over the country and felony drunk driving can have drastic effects on a person’s life. With so much on the line, those who find themselves facing felony charges should seek out a reputable DUI attorney to help them with the case. If you have been accused of DUI, get in touch with an attorney as soon as possible. A highly skilled DUI defense lawyer can help reduce your sentence or lessen the charges to that of a lower class of crime. In some instances, they may even have the case against you dismissed.