When Does a DUI Become a Felony?
Driving Under the Influence (DUI) is a serious offense that can have severe consequences, including fines, imprisonment, and a permanent criminal record. While most DUI charges are considered misdemeanors, there are circumstances under which a DUI can become a felony. In this article, we will explore the scenarios under which a DUI becomes a felony and the consequences that come with it.
What is a Felony DUI?
A felony DUI is a criminal offense that is punishable by more than one year in prison. In most states, a felony DUI is considered a more serious offense than a misdemeanor DUI, and the penalties are typically more severe. A felony DUI can be charged when a person is arrested for DUI and has a prior DUI conviction, or when the DUI is committed under certain circumstances, such as causing serious injury or death to another person.
When Does a DUI Become a Felony?
A DUI can become a felony in the following scenarios:
- Prior DUI Convictions: In most states, a person who is arrested for DUI and has a prior DUI conviction within a certain period (usually 5-10 years) can be charged with a felony DUI. The prior conviction can be from another state or jurisdiction.
- Serious Injury or Death: If a person is arrested for DUI and causes serious injury or death to another person, they can be charged with a felony DUI. The severity of the injury or death determines the level of the felony charge.
- Child Endangerment: If a person is arrested for DUI and has a child in the vehicle, they can be charged with a felony DUI. The presence of a child in the vehicle can increase the severity of the charges.
- Refusal to Submit to a Chemical Test: In some states, a person who refuses to submit to a chemical test (such as a breathalyzer or blood test) can be charged with a felony DUI.
Consequences of a Felony DUI
The consequences of a felony DUI are severe and can include:
- Longer Prison Sentences: Felony DUIs can result in longer prison sentences, ranging from 2-10 years or more.
- Heavier Fines: Felony DUIs can result in heavier fines, ranging from $1,000 to $10,000 or more.
- Loss of Driving Privileges: A felony DUI conviction can result in the loss of driving privileges for a period of time or permanently.
- Criminal Record: A felony DUI conviction can result in a permanent criminal record, which can affect future employment, education, and other opportunities.
Table: Felony DUI Consequences
| Consequence | Misdemeanor DUI | Felony DUI |
|---|---|---|
| Prison Sentence | Up to 1 year | 2-10 years or more |
| Fine | Up to $1,000 | $1,000 to $10,000 or more |
| Driving Privileges | Suspended or revoked for 1-3 years | Suspended or revoked for 5-10 years or more |
| Criminal Record | Misdemeanor conviction | Felony conviction |
Defenses Against a Felony DUI Charge
While the consequences of a felony DUI are severe, there are defenses that can be raised against the charge. These include:
- Invalid Stop: If the police did not have probable cause to stop the vehicle, the stop may be considered invalid, and any evidence obtained as a result of the stop may be suppressed.
- Invalid Arrest: If the police did not have probable cause to arrest the driver, the arrest may be considered invalid, and any evidence obtained as a result of the arrest may be suppressed.
- Invalid Chemical Test: If the chemical test was not administered properly or if the equipment was not calibrated correctly, the results of the test may be considered invalid.
- Accident or Self-Defense: If the driver was involved in an accident or was acting in self-defense, they may be able to raise a defense against the charge.
Conclusion
A DUI can become a felony in certain circumstances, including prior DUI convictions, serious injury or death, child endangerment, and refusal to submit to a chemical test. The consequences of a felony DUI are severe and can include longer prison sentences, heavier fines, loss of driving privileges, and a permanent criminal record. If you are facing a felony DUI charge, it is essential to consult with an experienced criminal defense attorney who can help you raise defenses against the charge and minimize the consequences.
