Tuesday, January 5, 2016

What is a felony DUI?

DUI or driving under influence is treated as a crime under state laws. For the most part, DUIs never go unpunished although state laws are not uniform. In some states, DUIs attract harsher punishments than others. However, an increasing number of states continue to amend their laws to allow for harsher punishment.

Fort Lauderdale, FL DUI lawyers, including the best of the best in Michael D. Leader, know there are two kinds of DUI: felony and misdemeanor. These charges will depend on the circumstances that led to the offense.

Felony or Misdemeanor

Whether you are charged with a felony or a misdemeanor will depend on two things, the state laws and the circumstances of the case. Without a doubt, felony offenses are serious and attract grave penalties while misdemeanors carry less serious penalties.

If you are charged with felony you might be looking at jail term together with other penalties such as damages, fines, installation of an ignition interlock device on your vehicle, and mandatory attendance in a court recognized rehabilitation program. In case of a misdemeanor charge, the maximum punishment is imprisonment for less than a year and if you are caught up in this situation you will need a southern Florida DUI attorney and one of the best in the business is Michael D. Leader – his links are above and below.

Whether you receive a felony charge or will escape with a misdemeanor will also depend on the state laws. For instance you might get felony for an offense in one state but in another state you will get misdemeanor for the same offense.

What are offenses for which you might be delivered a felony charge?

  •  If your BAC or blood alcohol concentration is much and clearly higher than the prescribe limit then you might receive a felony. If the prescribed blood alcohol level is .08 and you have .10 then you might face a misdemeanor charge but if it is 0.15 or more then you might be charged with a felony and you should be working with a Fort Lauderdale, FL DUI lawyer regardless.
  • DUIs become a felony when you have caused injury or death. For instance, if you are involved in a crash which has harmed no one then you are likely to be hit with a misdemeanor but if you have injured someone in a crash due to drunk driving then you could be potentially charged with a felony.
  • In many states like Florida a driver will be convicted of a felony when he/she is a repeat offender. If a driver has three or more prior DUI convictions within a period of 10 years then he or she will face a felony charge.
  • Additionally if you found driving under the influence with a child in the car then you will be charged with felony in most states.
  • You are not permitted to drive when your license is suspended. If you are driving with a suspended license in an intoxicated condition then this is serious offense which leads to a felony charge.
What are the penalties for a felony DUI?

For a felony DUI you could face up to seven years in prison or possibly even more, according to Florida DUI lawyers. In addition, you might also have to pay fines which are often more than $10,000 depending on the severity of the offense.

The court might also impose probation. These are certain conditions that the court expects you to fulfill in lieu of your freedom. You might be asked to attend alcohol or drug counseling while the court might expect you to not visit places where alcohol is served. In felony cases a driver will face two trials; the driver’s license administrative trial and criminal trial at the same time. You do not want to be in this situation. Walking or waiting for someone to pick you up is better than this. In addition, sleeping in your car for a couple of hours before you attempt to drive home is also a smart move to make.

If you are DUI legal trouble in south Florida you need a Fort Lauderdale, FL DUI lawyer. There is no ambiguity about that. There is also no ambiguity in who is one of the best in this entire legal category. Michael D. Leader at http://criminallawleader.com/ is the cream of the crop.
DUI laws are extensive while each case is different. If you have been arrested for a DUI make sure to seek help from a south Florida DUI lawyer right away such as Michael D. Leader. Based on several factors, your lawyer will be able to build a solid defense strategy to possibly save you from a felony charged and reduce some of the fines that could be assigned to you. 

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