Most states consider a standard DUI (or DWI) charge as a misdemeanor offense. Certain aggravating factors can raise the level of the charge to a felony, though. A conviction for a felony DUI carries stiffer penalties and more lasting consequences than a misdemeanor DUI charge.
Every state has a .08 percent per se DUI rule in effect. If a driver has a blood alcohol content of .08 or above, the state can assume the driver is above the legal limit and in violation of applicable laws.
States will commonly elevate a drunk driving charge to a felony offense if chemical tests reveal that the driver’s BAC exceeds a certain elevated level set by law. This amount is usually around .16 percent. Not every state has this law, but states generally impose a harsher punishment for a high BAC.
In states like California, prosecutors have to prove that the person charged with DUI/DWI caused the injury in question. If another driver runs into the intoxicated driver while stopped at a stop sign and suffers injuries, the drunk driver didn’t cause bodily harm. In that case, the DUI/DWI charge will remain a misdemeanor.
Some states raise a DUI/DWI charge to a felony if you, as the driver, cause bodily harm to another. Sometimes, prosecutors have the discretion to decide whether to prosecute a DUI case involving bodily injury as a misdemeanor or a felony. Washington state considers a fourth DUI within a ten year period a felony.
Most States like Washington generally charge you, as the intoxicated driver, with felony DUI if you have several prior convictions for the offense within a set time period. The number of previous convictions and the time period varies between states.
Some states, like New York, will charge you with felony DUI if you have just one prior conviction for any impaired driving crime within the past 10 years. Many states have three-strikes laws. Under those state laws, there are harsher punishments, including a possible prison sentence, for repeat offenders.
Many states have laws making it a felony to drive while under the influence with children in the vehicle. A high-profile example of this is Leandra’s Law in New York. The law passed after an 11-year-old girl died when her friend’s mother crashed her motor vehicle while driving under the influence of alcohol. Leandra’s Law applies when a child 15 years old or younger is present.or Revoked 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.If you can follow those rules as they are worded in your state laws, you should be able to get rid of your juvenile record for good. That means you can move on and leave your past where it belongs. After an expungement, you are not required to tell potential employers about your expunged juvenile record.
If you or a loved one is in a bind as a result of criminal allegations, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
