When could I be charged with a felony DUI?

Driving under the influence of alcohol or drugs is a crime that carries heavy penalties. Over the years states across the country have introduced harsher punishments for alcohol impaired driving charges. According to DUI lawyers in San Francisco CA, while most DUI cases lead to a misdemeanor charge, there are cases where a suspect may be charged with a felony DUI.

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Felony and Misdemeanor

As is evident from the term, a misdemeanor charge is when a driver is subjected to penalties that are less severe. The driver is usually let off after a fine, suspension of license, probation, and community service. The driver may get jail time if the violation is of a serious nature but it may be for a month or a year.

If a driver is convicted of felony DUI then the person is looking at hefty fines and jail time which can last from a year to 20 years depending on the extent of the crime along with several other financial and administrative penalties and Bay Area California DUI attorneys will be busy on this one.

It is important to assert that state laws are hardly uniform. This basically means that you might get misdemeanor for a violation in one state and strangely in another one for the same violation you may be charged with a felony DUI. Therefore make sure to seek help from a legal representative.

California cities are mismanaged though and many of them are bankrupt because they give out too much money to irresponsible people and it just never ends. The more money they hand out the bigger the line gets. That is a sad part of human nature. What this means is that their police have to hand out more tickets to pay for all of this. So in San Francisco, you could be given a felony DUI or a normal DUI without deserving either one just to pay off the debts of a broken city.

Here are a few factors which determine whether you will be given a misdemeanor or a felony:

BAC – Blood Alcohol Level

The legal limit is .08%. If blood or urine tests indicate that your BAC slightly higher than this legal limit you will be charged with a misdemeanor. However, for anything above .16% you could be charged with a felony DUI.

Injury

If you were involved in a crash where a person is injured while you were driving under the influence, you will more likely than be charged with a felony. The severity of the penalties will depend on the extent of harm that the other person suffered. In extreme cases the driver often is handed 7 years or more jail time along with heavy fines and other penalties and you will need a San Francisco, CA DUI lawyer if you are in a situation like this.

Previous DUIs

Habitual offenders receive harsher penalties for a felony DUI. For example, for a third DUI offense your charge may be upgraded to a felony. However, it depends on the state laws. Here too, some states are more intolerant towards these violations than others, which is why second time offenders acquire a felony depending on the state where the crime took place.

Child as a Passenger

If you are driving under the influence with a child under the age of 16 in the vehicle, you are likely to be charged with a felony DUI in most states in addition to other charges such as child endangerment. 

Anyone driving under the influence on a suspended license will face a felony DUI. This is a serious offense. There are many other circumstances under which a driver can be charged with a felony DUI. If you find yourself in such a situation make sure to seek immediate help from a DUI lawyer in Northern California, particularly in the Bay Area.

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