DUI First Offense Felony
If you are like most people, being arrested for driving under the influence (DUI) is your first brush with the law. You may be wondering if your DUI offense is classified as a felony. The classification of your DUI offense depends on the jurisdiction in which you were arrested as well as the circumstances surrounding your case. Contacting a DUI attorney can help you determine if you are being charged with DUI first offense felony.
In general, a first-time offender will be
charged with a DUI misdemeanor. There are, however, certain factors that
can lead to a DUI first offense felony charge. If the prosecutor believes that the defendant acted in a negligent or reckless manner in addition to driving while impaired, DUI felony charges may be brought against him or her. For example, if personal injury was caused as the result of drunk driving, the driver may be charged with a felony offense, or even vehicular assault.
If someone is killed due to a drunk driver, that driver will be charged with a DUI felony as well as vehicular manslaughter. In some cases, the driver may be charged with vehicular homicide, which leads to a tougher sentence than manslaughter.
Across the United States, the legal limit for drivers over the age of 21 is .08%. If the driver’s
blood alcohol level is excessively over the limit, the prosecutor may interpret this as evidence of negligent behavior and charge him or her with DUI first offense felony.
The
penalties for a DUI misdemeanor and DUI felony differ. A misdemeanor offense is one that is punishable by less than a year in jail, while a felony is punishable by more than one year in state prison.
If you have a DUI first offense felony on your record, your personal life can be affected in numerous ways. Unlike a misdemeanor offense, many employers, landlords, and banks will not do business with someone who has a felony charge on his or her record.
If you have a pending DUI case, you should speak with a qualified lawyer who focuses exclusively on DUI cases. A lawyer with handles drunk-driving cases in your local area can determine whether or not you will face DUI first offense felony charges.