Is a DUI a Felony
There are many questions that individuals charged with driving under the influence (DUI) need answered after
their arrest, and one question that they desperately want answered is, "Is a DUI a felony?" Because misdemeanor
charges and felony charges carry very different penalties and fines, it will be important for individuals to
determine into which category their DUI offense will fall. In general, a DUI charge is considered a misdemeanor.
However, there are some circumstances that warrant a felony DUI charge. For most individuals arrested and convicted
for DUI, a misdemeanor charge can be expected.
Since most DUI charges are misdemeanors, when is a DUI a felony? A DUI charge becomes felonious when there are
aggravated circumstances surrounding the DUI charge. For example, if an accident victim is severely injured or dies
as a result of an individual's impaired driving the individual responsible for the accident may be charged with
reckless homicide or vehicular homicide. These are both felony charges, and individuals convicted of charges such
as these may face time in prison. A DUI charge can be upgraded to a felony if the individual has multiple past DUI
offenses or felony charges may be based on the individual's blood alcohol content at the time of their arrest.
Whether an individual is confronted with a misdemeanor DUI charge or a felony DUI charge, it is usually in the best
interests of the individual to retain the services of a qualified and practiced criminal defense attorney. Because
the consequences of DUI charges can be far-reaching, individuals will want to be represented by knowledgeable and
experienced criminal defense attorneys. Criminal defense attorneys will work aggressively to have the DUI charges
against the individual either reduced or dismissed. Criminal defense attorneys can ensure that the rights and best
interests of the individual are protected and considered throughout all legal proceedings. Individuals should not
face DUI charges on their own, especially if the charges are considered felony charges.
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