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Generally, a driver will be subject to felony charges if he or she has at least two prior DUI convictions (though the number varies by state). But in many states, DUI convictions "wash out" and aren't counted as priors after a certain number of years (normally, seven to ten years).
When is a DUI a misdemeanor or felony? We created a guide to help clarify what you can expect if arrested for a DUI offense. Driving under the influence is never a good idea.
A felony is any offense punishable by death or by imprisonment for more than one year. Some states enhance the sentence if you've had a DUI within the past five or 10 years. Others charge a repeated DUI as a felony no matter how long ago the first offense occurred.
In some states, first and second DUI offenses are misdemeanors but a third or subsequent conviction is a felony. There are also states that make a DUI a felony if the driver had a particularly high blood alcohol concentration (BAC) or was transporting children while driving under the influence.
Because of its danger to public safety, states severely penalize drunk driving. A standard first-time DUI is a misdemeanor, but various factors can raise a misdemeanor DUI to a felony DUI with harsher consequences. This article explains those factors and gives insight into getting legal help if you’re facing criminal charges. What Is a Felony DUI?
Felony DUI Penalties. Typically, felony drunk driving convictions are similar to misdemeanors; however, they're much harsher versions. Some common felony DUI penalties include: Extremely high fines. License suspension or revocation. You'll also receive points on your driving record.
All 50 states have impaired driving laws that prohibit operating a motor vehicle: with a blood alcohol content (BAC) of .08% or greater (.05% or more if in Utah or .04% or more if the driver is operating a commercial vehicle), or. while "under the influence" of alcohol or drugs.
Driving drunk can be a felony if you have a very high BAC, hurt someone, or have kids in the car. Multiple DUI offenses or driving drunk with a suspended license can also make it a felony. Felony DUI has severe penalties like jail time, big fines, and losing your driver’s license.
Many states make a DUI/DWI offense a felony if it happens while you, the offender, have a restricted, suspended license, or revoked license. Illinois, for example, makes this crime a class four felony punishable by one to three years in state prison.
Felony drunk driving may result in serious legal penalties as they involve serious harm or even death to another person. It is best to consult a criminal lawyer to advise you of your best defenses for a felony DUI lawsuit.