| If you're facing a charge of driving under the influence | | | | prosecutor may take this into account as evidence of |
| of alcohol or another controlled substance, you may be | | | | negligence. Presumably someone who is severely |
| asking a common question? Is DUI a felony? | | | | impaired as a result of a very high alcohol intake |
| This answer is not so simple, since DUI laws vary from | | | | should know that driving in such an impaired state is |
| one jurisdiction to another. In general, DUI cases are | | | | likely to result in serious harm to others. |
| handled in state superior court, and each state has its | | | | With all of this information about when DUI becomes a |
| own laws that govern DUI. In general though, a first | | | | felony, it may be helpful to define exactly what the |
| time DUI is a misdemeanor, with a few caveats. | | | | terms "misdemeanor" and "felony" mean. In general |
| First, even a first time DUI will usually be raised to a | | | | terms, a misdemeanor is a crime punishable by up to |
| felony if someone was injured as a result of a drunk | | | | one year in county jail. A felony, on the other hand, is |
| driver, or if there are grounds for believing that the | | | | punishable by one year or more in state prison. |
| driver was negligent or reckless in addition to being | | | | The difference between a misdemeanor and a felony |
| impaired by alcohol. | | | | may come into play when applying for a job, housing, |
| In the case of serious injury, a DUI is often charged as | | | | or even credit in some cases. Some employers, |
| a felony called vehicular assault. If someone is killed a | | | | landlords, and lenders may be willing to do business |
| result of the drunk driving episode, the at-fault driver will | | | | with someone with what is a considered a "minor" |
| likely be charged with felony vehicular manslaughter, or | | | | misdemeanor conviction, but would eliminate anyone |
| in some cases vehicular homicide, which carries a | | | | with a felony conviction on record. |
| higher sentence if the defendant is convicted. | | | | If you are facing DUI charges, the best approach is to |
| Another way that DUI is raised to a felony instead of | | | | talk to a competent attorney who specializes in DUI |
| a misdemeanor is when a driver has multiple DUI | | | | cases. A lawyer trained to handle DUI cases in the |
| convictions. This varies by state, but DUI is commonly | | | | jurisdiction where the incident occurred can provide |
| raised to a felony on the 4th DUI conviction. However, | | | | you with clear information about whether or not the |
| in some states even a 2nd or 3rd DUI arrest may be | | | | particular circumstances of a DUI will result in felony |
| charged as a felony. | | | | charges. |
| In some cases, blood alcohol level may also impact | | | | In short, there is no one answer to the question "Is DUI |
| whether DUI is charged as a misdemeanor or a felony. | | | | a felony." The only way to know for sure is to read |
| In most states, the legal blood alcohol limit is .08. If blood | | | | the DUI charging documents, or ask a qualified lawyer |
| alcohol level is considerably above the legal limit, the | | | | to interpret them for you. |