What is a Felony DWI?
Driving while intoxicated (DWI) is a serious offense that can lead to severe consequences, including fines, imprisonment, and loss of driving privileges. While a typical DWI is a misdemeanor offense, some states consider a repeat offense or a DWI that involves aggravating circumstances to be a felony. In this article, we will explore what a felony DWI is, the consequences of being charged, and the steps you can take to defend yourself if you are accused.
What is a Felony DWI?
A felony DWI is a type of DWI offense that is considered a serious crime. In some states, a DWI is considered a felony if it is the defendant’s third or subsequent offense, while in others, a felony DWI can be charged if the defendant’s blood alcohol content (BAC) is extremely high or if there is a minor in the vehicle.
Consequences of a Felony DWI
The consequences of a felony DWI are stiffer than those of a misdemeanor DWI. If you are convicted of a felony DWI, you can face:
• Longer imprisonment: The minimum sentence for a felony DWI can range from 1-10 years, depending on the state and the circumstances of the offense.
• Larger fines: You may be required to pay fines of up to $10,000 or more.
• Loss of driving privileges: You may be required to surrender your driver’s license for a certain period of time or even permanently.
• Loss of employment or educational opportunities: A felony DWI conviction can impact your future employment or educational prospects.
Factors that can elevate a DWI to a Felony
While the specific factors that can elevate a DWI to a felony vary by state, some common factors include:
• Prior convictions: A third or subsequent DWI conviction can be charged as a felony in some states.
• High BAC: A BAC of 0.15 or higher may be considered an aggravating factor in some states.
• Minor in the vehicle: If there is a minor (usually defined as someone under the age of 18) in the vehicle, the offense can be charged as a felony.
• Injury or death: If the DWI results in the injury or death of another person, the offense can be charged as a felony.
• Accident: If the DWI results in an accident that causes significant property damage, the offense can be charged as a felony.
Defending Yourself Against a Felony DWI Charge
If you are accused of a felony DWI, it is essential to seek the advice of a qualified attorney. A defense attorney can help you build a strong defense and negotiate with the prosecution to reduce the charges or sentence. Some common defenses against a felony DWI charge include:
• Challenging the evidence: A defense attorney can challenge the reliability of the evidence used to prove the offense, such as the results of a breathalyzer test.
• Showing reasonable doubt: A defense attorney can argue that there is reasonable doubt about whether the defendant was intoxicated at the time of the offense.
• Mitigating circumstances: A defense attorney can argue that the defendant was experiencing mitigating circumstances that contributed to the offense, such as a medical condition or a traumatic event.
Table: Felony DWI Laws by State
The following table outlines the laws regarding felony DWI in each state:
| State | Felony DWI Laws |
|---|---|
| Alabama | Third or subsequent offense, or BAC of 0.15 or higher |
| Alaska | Third or subsequent offense, or injury or death |
| Arizona | Third or subsequent offense, or BAC of 0.15 or higher |
| Arkansas | Third or subsequent offense, or BAC of 0.15 or higher |
| California | Second or subsequent offense, or BAC of 0.15 or higher, or injury or death |
| Colorado | Third or subsequent offense, or BAC of 0.15 or higher |
| Connecticut | Second or subsequent offense, or BAC of 0.15 or higher |
| Delaware | Second or subsequent offense, or BAC of 0.15 or higher |
| Florida | Third or subsequent offense, or BAC of 0.15 or higher |
| Georgia | Third or subsequent offense, or BAC of 0.15 or higher |
| Hawaii | Second or subsequent offense, or BAC of 0.15 or higher |
| Idaho | Third or subsequent offense, or BAC of 0.15 or higher |
| Illinois | Second or subsequent offense, or BAC of 0.15 or higher |
| Indiana | Third or subsequent offense, or BAC of 0.15 or higher |
| Iowa | Third or subsequent offense, or BAC of 0.15 or higher |
| Kansas | Third or subsequent offense, or BAC of 0.15 or higher |
| Kentucky | Second or subsequent offense, or BAC of 0.15 or higher |
| Louisiana | Third or subsequent offense, or BAC of 0.15 or higher |
| Maine | Second or subsequent offense, or BAC of 0.15 or higher |
| Maryland | Third or subsequent offense, or BAC of 0.15 or higher |
| Massachusetts | Second or subsequent offense, or BAC of 0.15 or higher |
| Michigan | Third or subsequent offense, or BAC of 0.15 or higher |
| Minnesota | Second or subsequent offense, or BAC of 0.15 or higher |
| Mississippi | Third or subsequent offense, or BAC of 0.15 or higher |
| Missouri | Second or subsequent offense, or BAC of 0.15 or higher |
| Montana | Third or subsequent offense, or BAC of 0.15 or higher |
| Nebraska | Second or subsequent offense, or BAC of 0.15 or higher |
| Nevada | Third or subsequent offense, or BAC of 0.15 or higher |
| New Hampshire | Second or subsequent offense, or BAC of 0.15 or higher |
| New Jersey | Third or subsequent offense, or BAC of 0.15 or higher |
| New Mexico | Second or subsequent offense, or BAC of 0.15 or higher |
| New York | Second or subsequent offense, or BAC of 0.15 or higher |
| North Carolina | Third or subsequent offense, or BAC of 0.15 or higher |
| North Dakota | Second or subsequent offense, or BAC of 0.15 or higher |
| Ohio | Third or subsequent offense, or BAC of 0.15 or higher |
| Oklahoma | Third or subsequent offense, or BAC of 0.15 or higher |
| Oregon | Second or subsequent offense, or BAC of 0.15 or higher |
| Pennsylvania | Second or subsequent offense, or BAC of 0.15 or higher |
| Rhode Island | Third or subsequent offense, or BAC of 0.15 or higher |
| South Carolina | Third or subsequent offense, or BAC of 0.15 or higher |
| South Dakota | Second or subsequent offense, or BAC of 0.15 or higher |
| Tennessee | Third or subsequent offense, or BAC of 0.15 or higher |
| Texas | Second or subsequent offense, or BAC of 0.15 or higher |
| Utah | Third or subsequent offense, or BAC of 0.15 or higher |
| Vermont | Second or subsequent offense, or BAC of 0.15 or higher |
| Virginia | Second or subsequent offense, or BAC of 0.15 or higher |
| Washington | Third or subsequent offense, or BAC of 0.15 or higher |
| West Virginia | Third or subsequent offense, or BAC of 0.15 or higher |
| Wisconsin | Second or subsequent offense, or BAC of 0.15 or higher |
| Wyoming | Third or subsequent offense, or BAC of 0.15 or higher |
Conclusion
A felony DWI is a serious offense that can result in severe consequences, including imprisonment and fines. It is essential to seek the advice of a qualified attorney if you are accused of a felony DWI. An experienced defense attorney can help you build a strong defense and negotiate with the prosecution to reduce the charges or sentence. By understanding the laws regarding felony DWI in your state, you can take steps to protect your rights and avoid the harsh consequences of a felony conviction.
