Driving under the influence (DUI) charges are somewhat common. People who have had a few drinks often struggle to recognize their own impairment. They think they are safe to drive when they are actually over the legal limit for their blood alcohol concentration (BAC). They can then end up arrested if they cause a crash or a police officer pulls them over due to poor driving.
Many people feel anxious about the impact of DUI charges, but they may still choose to plead guilty to avoid taking the case to trial. Doing so leaves them at the mercy of the courts regarding sentencing and may saddle them with a lifetime criminal record. In some cases, they may even have a felony criminal record, which could shut them out of many opportunities in life. People tend to assume that a DUI always results in a misdemeanor, but it is a wobbler offense that sometimes results in a felony. When can the state bring felony DUI charges against drivers?
When they have multiple prior convictions
DUI offenses have a strong association with substance abuse. Therefore, repeat offending is relatively common. People who struggle with healthy alcohol consumption may repeatedly drive drunk.
People with two or more prior DUI convictions on their record can expect to face a felony DUI charge for their third or subsequent offenses. Felony DUIs for repeat offenders carry longer sentences and lengthy driver’s license penalties. The potential of a felony DUI in the future could make fighting any charge a worthwhile endeavor.
When a crash harms others
Motorists who are under the influence often get arrested after collisions occur. Police officers responding to motor vehicle crashes may administer chemical tests to everyone involved. Drivers who are under the influence when a crash occurs could be at risk of felony prosecution if other people get hurt in the collision.
When a drunk driver allegedly caused a crash where someone else died or sustained serious injuries, prosecutors can bring felony charges against them. Charges involving harm to others tend to result in more serious penalties than DUIs that follow traffic stops.
There are many ways for people to effectively respond to DUI charges. Reviewing charges and the state’s case can help people develop DUI defense strategies.
