DUI Felony or Misdemeanor?
While every state has the same per se blood alcohol content limit of 0.08 percent, each state has different penalties in place for conviction of a DUI offense. Typically, however, a DUI offense is a misdemeanor.
With that said, felony DUI is a possibility. 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 other drivers are injured in an accident with the DUI offender.
A DUI lawyer can quickly and accurately 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 form on this page.
Felony DUI
Though some states classify DUI convictions with aggravated charges as gross misdemeanors or simply misdemeanors, most states have provisions to convict a DUI offender as a felon for drunk driving that results in severe injury or death. 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, for example, classifies a second DUI conviction within 10 years as a Class E felony, as does Wyoming, among others. Texas and Georgia also classify multiple DUI offenses as felonies, but only upon the fourth conviction.
Other states vary, and so it's a good idea to examine the latest DUI laws in your state.
What's the Difference between DUI Misdemeanor and Felony?
The main difference in terms of penalties for a misdemeanor as opposed to a felony is 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.
Other Resources for DUI Penalties
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.
