Driving under the influence (DUI) charges are among the most common criminal offenses. People struggle to gauge their own chemical impairment after drinking. Sometimes, those who think they are sober enough to drive discover that isn’t true after a police officer stops them in traffic. Others may question whether test results were accurate after a DUI arrest.
Many people accused of a DUI offense expect it to be a simple matter. People may even think of DUI violations as victimless crimes. However, the state views impaired driving as a serious issue. In some cases, prosecutors might even be able to pursue felony charges against those accused of a DUI offense. When does the DUI evolve from a basic misdemeanor to a felony?
When people get hurt
The risk that drunk driving causes other people is perhaps the main reason that the state criminalizes such behavior. Both injury to other people and fatal collisions can be grounds for felony charges instead of simple misdemeanor DUI charges.
When drivers have two or more prior convictions
Each time an individual breaks the same law, they face more serious penalties because the court views the repeated behavior as pattern of contempt. The consequences for a second DUI, for example, are higher than the penalties imposed after a first conviction.
If the driver has two or more prior DUI offenses on their record, the state can potentially charge them with a felony offense after a third arrest even though they may not have caused harm to others.
When drivers have high alcohol levels
Prosecutors can pursue basic DUI charges against anyone with an elevated blood alcohol concentration (BAC). For most drivers, the BAC limit that applies is 0.08%. Anyone who tests at or over that level is at risk of criminal prosecution.
For those with a BAC twice the legal limit or higher, the risks are even higher. If someone with a BAC of 0.16% has a prior DUI conviction, prosecutors may be able to pursue felony charges against them.
Whether a motorist faces felony or misdemeanor charges, the consequences of a DUI conviction can be significant. Discussing what led to a DUI arrest can help a defendant review their defense options. Many people accused of impaired driving can avoid a conviction with the right help and strategy during their trial.
