Wednesday, December 16, 2015

What is a felony DUI alcohol charge?

The issue of drunken driving has gotten a lot of attention in America over the recent years thanks to endless public campaigning and awareness programs. The fact is that one American dies every 51 minutes due to drunken driving and so drunken driving still remains the number one threat to public safety in the country, and even surpasses terrorism on this front.

But terrorism affects our culture, way of life, is actual murder, and affects our economy in ways that drunk driving will never match. With that said, drunk driving mayhem is still a serious issue that requires America’s attention.

Legislators and law enforcement have tried to tackle this issue in the recent years with tougher laws against drunk driving and drunk driving offenders. These laws may vary from state to state. If you want to know what the specific laws are in your state then you ought to consult a criminal defense lawyers soon as possible.

Misdemeanor DUI

There are several different charges that may be filed by prosecutors against a drunk driver, which depends on the particular situation and arrest. A person found to be only marginally over the legal limit of .08% blood alcohol content (BAC) without any previous drunk driving convictions may be charged with a first offense misdemeanor DUI which could possibly land him/her in jail for a brief period and also pay a fine.

No one wants to be hit by a drunk driver but no one wants to be railroaded by the law either. http://criminal-defense.usattorneys.com/ - this is where you go if you need a criminal defense or DUI lawyer. 
Felony DUI

On the other hand, if a driver with previous DUI convictions is the perpetrator of a serious drunk driving auto accident that either killed or seriously injured someone then he/she may be charged with a felony DUI which is a much more serious criminal offense.

A felony DUI may possibly come with decades of prison time, revocation of the driver’s license, fines in the order of thousands of dollars and several other implications. If you find yourself in such a predicament, we strongly suggest that you appoint a DUI attorney to help defend yourself without delay. You will be motivated to do once you see the dreaded paperwork written with your name on it.

While a misdemeanor DUI can only be punished with a maximum jail sentence of one year (in most states), the minimum sentence for felony DUI convicts is one year.

Apart from prior convictions and the severity of the accident, another factor that determines whether or not a felony charge will be pressed against the suspect is the percentage of BAC. In most states in America, 0.08% BAC is considered the legal limit to drive (this is with respect to adult, non-commercial drivers only, the limit is much lower for underage or commercial drivers as it should be).

When someone is tested for their blood alcohol and it transpires that they are well over the limit, two or three folds over the limit, then as per criminal defense lawyers, the odds are that they are looking at a potential felony DUI charge.

A Clean History

However, if a suspect undergoes a breathalyzer/blood test and results indicate that he/she was only marginally above the limit or right at the limit, chances are that it will probably be treated as a misdemeanor DUI provided nobody was seriously injured in the crash and that the suspect has no history with drunken driving.

If you have been charged with a DUI, it is vital to get started building your defense as soon as possible. The best way to do so is to reach out to a criminal defense lawyer today.

You may about to have the law book tossed completely at you but so what? This does not mean your life is over with. This does not mean you do not have legal options sitting in front of you. There could be a mistake in the process of evidence. Sloppy police work should be exploited.

Perhaps you had a reason to be driving fast. Perhaps you did not even want to be driving drunk at all but you had to drive drunk since a family member needed your help. You did not plan on driving drunk but the timing of this emergency was horrendous. You do not always have the luxury of choosing when an emergency pops up, when do you ever do? 

No comments:

Post a Comment

Popular Posts