When is a DWI a Felony?
Driving While Intoxicated (DWI) is a serious offense that can result in severe penalties, including fines, imprisonment, and loss of driving privileges. While most DWI offenses are considered misdemeanors, there are situations where a DWI can be elevated to a felony. In this article, we will explore the circumstances under which a DWI becomes a felony.
What is a Felony DWI?
A felony DWI is a more serious offense than a misdemeanor DWI. Felony DWIs are typically considered "aggravated" DWIs, meaning that they involve additional factors that make the offense more severe. These factors may include:
- Multiple prior DWI convictions: If you have been convicted of multiple DWIs in the past, you may be charged with a felony for a subsequent DWI offense.
- High BAC: If your blood alcohol content (BAC) is extremely high, you may be charged with a felony DWI.
- Accidents involving serious injury or death: If you are involved in an accident that results in serious injury or death, you may be charged with a felony DWI.
- Driving with a child in the vehicle: If you are driving with a child under the age of 16 in the vehicle, you may be charged with a felony DWI.
States with Felony DWI Laws
Not all states have felony DWI laws, but many do. The specific laws and penalties vary by state. Here are some examples of states with felony DWI laws:
| State | Felony DWI Threshold |
|---|---|
| Arizona | 0.15% BAC or higher, or prior DWI conviction |
| California | 0.15% BAC or higher, or prior DWI conviction |
| Colorado | 0.17% BAC or higher, or prior DWI conviction |
| Florida | 0.15% BAC or higher, or prior DWI conviction |
| Georgia | 0.16% BAC or higher, or prior DWI conviction |
| Illinois | 0.16% BAC or higher, or prior DWI conviction |
| Michigan | 0.17% BAC or higher, or prior DWI conviction |
| New York | 0.18% BAC or higher, or prior DWI conviction |
| Texas | 0.15% BAC or higher, or prior DWI conviction |
Consequences of a Felony DWI
If you are convicted of a felony DWI, you can expect severe consequences, including:
- Longer imprisonment: Felony DWIs typically carry longer prison sentences than misdemeanor DWIs.
- Higher fines: Felony DWIs often come with higher fines than misdemeanor DWIs.
- Loss of driving privileges: You may lose your driver’s license for a longer period of time or even permanently.
- Impact on future employment and education: A felony DWI conviction can impact your ability to get a job or attend college.
- Social and personal consequences: A felony DWI conviction can damage your relationships with family and friends and impact your overall well-being.
Defenses Against Felony DWI Charges
If you are facing felony DWI charges, it is essential to work with an experienced criminal defense attorney who can help you build a strong defense. Some common defenses against felony DWI charges include:
- Challenging the evidence: Your attorney may challenge the evidence against you, including the results of field sobriety tests and breathalyzers.
- Asserting the right to counsel: If you were not read your rights or if your rights were violated in any way, your attorney may assert your right to counsel and have the charges dismissed.
- Proving necessity: If you were driving under the circumstances of immediate necessity, your attorney may argue that you were justified in driving.
- Mistaken identity: If you were mistaken for someone else, your attorney may argue that you were not the one driving.
Conclusion
A felony DWI is a serious offense that can have severe consequences. If you are facing felony DWI charges, it is essential to work with an experienced criminal defense attorney who can help you build a strong defense. Understanding the laws and penalties surrounding felony DWIs can help you make informed decisions about your case and work towards a positive outcome.
Additional Resources
- National Highway Traffic Safety Administration (NHTSA) – www.nhtsa.gov
- American Automobile Association (AAA) – www.aaa.com
- Mothers Against Drunk Driving (MADD) – www.madd.org
