Most jurisdictions classify DUIs as misdemeanors, but certain factors can raise charges to felony level. A felony DUI conviction carries stiffer sentences and more enduring consequences than a misdemeanor conviction. Jurisdictional rules vary on what constitutes felony DUI, and defendants should refer to state law for more information. Below are common scenarios that can result in enhanced DUI charges.
High BAC (Blood Alcohol Concentration)
Every jurisdiction has a .08 “per se” DUI limit. The rules state that if the driver’s BAC is .08 or higher, the state assumes that they are intoxicated. Many areas elevate charges to felony level if chemical test results indicate that the driver’s BAC is above .16. Not all areas have such laws, but most impose harsher penalties for those with high BAC.
Serious Bodily Injury
Some areas raise DUI charges to felony level if the drunk driver causes bodily injury to another person. Sometimes, prosecutors are allowed to decide whether to charge a case as a felony or a misdemeanor. In some areas, the prosecution must prove that the DUI defendant caused the injury. For instance, if a driver hits an intoxicated motorist who is stopped at a traffic light and they suffer injuries, the DUI driver did not cause the harm and the case will stay a misdemeanor.
Prior DUIs
Jurisdictions often charge intoxicated drivers with a felony DUI if they have multiple prior offenses within a certain time. The number and the period vary by location, but some areas assess felony DUI charges if the person has one prior DUI conviction within the past decade.
The Presence of Minors
Many areas have enacted laws that make it a felony to drive drunk with children in the car. Most of these laws are applicable when there is a child 15 years or younger present. A DUI attorney in Cambridge, MD can refer to state law to determine the age that triggers the law.
Consult a Lawyer
If a person is facing DUI charges, they need a DUI attorney in Cambridge, MD. A lawyer who focuses on DUI cases can evaluate all evidence, including the results and methodology of chemical and field sobriety tests, to ensure the client’s legal rights are safe. Moreover, a local attorney with OceanCityLawyer.com is familiar with state law and can offer a free consultation.
