Is Driving While Drunk a Felony or a Misdemeanor?
Operating under the influence of alcohol or drugs (DUI), is obviously dangerous and a major leading cause of injuries and accidents out on the road. Also known as driving while intoxicated, or DWI both can be charged as either a felony or a misdemeanor based on the specific circumstances involved.
At Fix Auto Stockton in Stockton, CA we know that drunk driving is an ongoing problem in this country, so hopefully this blog will shed some light on the subject.
A DUI of any type can seriously affect your insurance rates, your driver points, and the overall status of your driver’s license. In some instances, a DUI charge can result in a jail or prison sentence.
When is Drunk Driving a Felony Charge?
DUI laws in the U.S. differ in each state, but in most cases, a person receiving their first-time DUI conviction is charged as a misdemeanor, but in other cases such as these it can be considered a felony:
Injury: If someone is ever injured or killed in any accident involving a drunk driver, the driver can be charged with a felony. If injuries from a collision are not the fault of the intoxicated operator, and someone is injured, the impaired driver may be charged with a misdemeanor instead of a felony.
Elevated Blood Alcohol: Certain states elevate a DUI to a felony charge if the operator's blood alcohol content (BAC) exceeds the .08% now set as the legal DUI limit in all 50 states. In most scenarios, felony charges are applied if BAC is over 0.16%.
DUI Involving Child and Adolescent Passengers: Most states have increased DUI laws to a felony if children are in a car up to the of 15.
Prior DUI Convictions: Depending on the state you live in and the length of time since any prior convictions, a DUI can be considered a felony as the result of a prior DUI conviction.
Getting Arrested for a DUI: A DUI arrest is always very serious, whether it's charged as a misdemeanor or a felony. Upon conviction or a guilty plea, most people will lose their driver’s license for a specific time and are charged with fines and court fees. Repeat offenses often result in jail time and if you get more than three, you're really in big trouble. Whenever a person is arrested for DUI, they are usually required to undergo a medical evaluation to determine the extent of their alcohol and/or drug problems. Frequently, a DUI will also result in a requirement to attend an accredited alcohol education program for weeks or months. In other situations, a DUI can result in mandatory treatment within an alcohol treatment program. Insurance companies will also charge higher premiums for people with one or more DUI convictions. Special SR-22 insurance may be required after a convicted drunk driver gets their license reinstated. Premiums can go up as much as 300% for four years or more. Many states now also mandate an ignition interlock device to be installed in vehicles driven by people with a DUI conviction. These devices might also come with a series of monitoring and installation fees.
Here is one final takeaway: If you drink, do not drive and risk a DUI felony conviction or worse.
Fix Auto Stockton in Stockton, CA 95206
Sources: AAA and NHTSA
