What You need to Know about Felony DUI Offenses

DUI or driving under the influence, otherwise known as DWI or driving while intoxicated, is a criminal offense in every state and attracts severe penalties. North Dakota DUI lawyers state that over several decades all states have turned more prejudiced of drunk driving and have therefore imposed harsher penalties. Courts in general consider many DUI crimes misdemeanor offenses, but felony DUI charges are possible too, and it depends on the circumstances surrounding a DUI offense.

Misdemeanor or Felony

When you are charged with a DUI offense, you are charged for a misdemeanor or felony. A misdemeanor crime is less harsh an offense than felony and attracts less severe penalties. Felony charges could result in a jail term of one year or more, apart from substantial fines along with other penalties, while misdemeanor DUIs might result in jail terms for at least a year or less.

How a felony charge differs from a misdemeanor depends on the state laws and the circumstances that surround the case. There are many common elements that make a DUI a felony, rather than a misdemeanor, which are referred to as aggravating circumstances, according to North Dakota DUI attorneys.

In a state that has legalized oil shale which has created thousands and thousands of high paying jobs for Americans they have not legalized DUI driving with a BAC over .08. What state has? None! This does not mean their police do not make mistakes. This does mean that if a DUI driver crashes in to you, you should hop over to this site to find the legal help you require.

Your BAC or Blood Alcohol Level

One way for a misdemeanor DUI to become a felony DUI, is for a driver to drink in excess, so that his/her BAC is well beyond the legal limit. For a driver to be accused of DUI, he/she must have a BAC of at least 0.08% percent. If the BAC is much higher than .16% percent or more, then it can result in a felony DUI charge, as per North Dakota DUI attorneys.

Other Ways DUI becomes a Felony

Another way for a DUI to become a felony charge is for the driver to get involved in a vehicle accident, resulting in harm or injury. Repeat or habitual offenders meet with felony DUI charges, in case they had prior DUI convictions within a certain time limit. If there are others in the car, especially children under 16, the driver is likely to be charged with felony DUI.

Any person who is DUI with a suspended license can also be charged with a felony DUI, irrespective of any other aggravating factors. In addition, if a drunk driver causes a fatal accident, according to North Dakota law, a first offense will be treated as a felony vehicular homicide with a three year mandatory minimum sentence.

North Dakota has legalized oil shale which has helped lower gas prices for all Americans but like other states, they do not tolerate DUI driving. If you have been charged with a DUI, it is no laughing matter. Forget that one phone call they give you, your next move should be right here: https://usattorneys.com/. 

Penalties

Felony DUI penalties can be very stringent and those convicted of felony offences face hefty fines and the possibility of an extended prison term. The courts also have some discretion while determining the penalty to be imposed. Anyone charged with felony DUI is liable to pay fines to the tune of $10,000 or more. Probation may also be ordered by a judge in specific cases while those on probation have a number of conditions and restrictions imposed by the courts. Furthermore, DUI can end up in losing driving privileges too.

Owing to the many complicated factors involved in DUI cases, it is always prudent to hire a remarkable and proven North Dakota DUI lawyer to understand the finer aspects of misdemeanor and felony charges.