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Legal Research. The Criminal Law Handbook. View More. Besides that, killing or injuring someone while driving under the influence of alcohol or drugs is also charged as a felony. Convictions under this crime could be life-altering, to say the least. Just like the previous DUI crime, convicted persons under felony lose their professional licenses and some rights.
It is also not possible to adopt a child or access public housing, if convicted. If it is your 1st, 2nd, or 3rd DUI, then it is more probable that you will get off with misdemeanor charges.
Nonetheless, if it is your 4th DUI charge within a span of 10 years, you have been prosecuted for felony DUI before, or there were fatalities or injuries caused by your DUI, then you are more likely to face felony charges.
The differences between the two DUI offenses are clear from looking at how each case is prosecuted and punished. In most states, first and second DUIs are misdemeanors.
However, many states categorize third or fourth and subsequent DUIs as felonies. But it's also common for state laws to count only DUIs that occurred within the past so many years for instance, seven or ten years.
In some states, a DUI can be charged as a felony if the driver was involved in an accident that resulted in someone being injured or killed. State laws sometimes provide for felony charges only if the injuries to another person were serious rather than minor. If you're caught driving under the influence with kids in the car, you could face felony charges. And, even if your state doesn't categorize this type of DUI as a felony, having children in the vehicle might still be a factor that could lead to enhanced penalties.
A person who drives with a suspended license can also face a felony DUI regardless of other aggravating factors. When you have your license suspended you are no longer legally permitted to drive. If you are found to be driving under the influence of alcohol while on a license suspension, this is often enough to raise the DUI from a misdemeanor to a felony offense.
In a handful of states, you can be charged with a felony DUI if your blood alcohol concentration was particularly high. For instance, in some states, it's a felony to drive with a BAC of. Felony drunk driving or DUI is considered to be an especially serious felony crime.
DUI defenses can be affirmative defenses, such as:. Keep in mind that the appropriate defense will depend on the circumstances surrounding the DUI, so it is important to work with your attorney to determine which defense would be the best for you. Further, an attorney can help protect your rights, as well as determine if any defenses are available to you based on the specifics of your case. Finally, an attorney can represent you in court as needed.
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