DUI Felony or Misdemeanor?
While most states have a per se blood alcohol content limit of 0.08 percent, each state has different penalties in place for conviction of a DUI offense.
Whether the DUI is considered a felony or a misdemeanor and the severity of the penalty depends on many factors, including the number of offenses, the level of blood alcohol registered in the breath test, and if others are injured in an accident with the DUI offender.
One of our sponsoring DUI lawyers can assess your charge, and explain in detail whether you might face a DUI felony or a misdemeanor if you are convicted.
For a free case evaluation with a local DUI lawyer, complete the free DUI case evaluation form:
Felony DUI
The type of drunk driving charges you may be facing will depend on a number of factors. The presences of other passengers in the vehicle, damage done in any collisions and your personal DUI record and the laws in your state will all help determine whether you are facing DUI misdemeanor charges or something more serious like DUI manslaughter.
Often, this charge is called something along the lines of reckless homicide or vehicular homicide if the accident results in the death of another driver or passenger.
Some states institute a felony classification for multiple DUI offenses. New York DUI law, for example, classifies a second DUI conviction within 10 years as a Class E felony, as does Wyoming, among others.
Georgia and Texas also classify multiple DUI offenses as felonies, but only upon the fourth conviction.
Other states vary, and so it can be a good idea to examine the latest DUI laws in your state.
What's the Difference between DUI Misdemeanor and Felony?
Generally, the main difference between a misdemeanor and a felony is the penalties involved, such as, if incarceration is involved, where the prison sentence will take place. A misdemeanor requiring incarceration will be served at the county jail; a felony must be served at the state prison.
Furthermore, felonies carry additional consequences. Many government agencies, companies that work with children, or private companies that deal with classified information have the right to access your criminal record for examination during a job hiring process. Many companies also have policies that preclude hiring convicted felons, which includes felony DUI if convicted.
For more specific information on DUI law and charges, connect with a DUI attorney in your local area by filing out the free form on this page or by calling (877) 349-1311 to schedule a free consultation with a local DUI lawyer.
Each drunk driving charge is unique. A DWI lawyer can assess your individual case: