Driving under the influence (DUI) is an offense that is taken seriously. However, some situations may enhance a DUI from being a misdemeanor to a felony.
It is important to look for experienced DUI lawyers if you ever get charged with a DUI. A felony DUI leads to heavier penalties with longer imprisonment, enormous fines, and indefinite loss of driving privileges.
Common Situations Where a DUI Becomes a Felony
There are several circumstances in which a DUI can be a felony, such as the following:
- Injury to another person: If you cause bodily harm while driving under the influence, you may be charged with a felony DUI.
- Prior DUI convictions: Having three or more prior DUI convictions within ten years can elevate a subsequent DUI charge to a felony.
- Child endangerment: Driving under the influence with a child in the vehicle can result in a felony charge. This is a form of child abuse that entails exposing a minor to unjustifiable suffering, pain, and danger. It could also entail unreasonably exposing a minor to a risk of danger even when the child does not suffer physical harm.
- High BAC levels: Driving with an extremely high blood alcohol concentration (BAC) level may also attract a felony offense. According to the National Highway Traffic Safety Administration (NHTSA), 11,654 fatal traffic accidents were related to alcohol impairment in the U.S. in 2020. Alcohol-impaired driving was involved in 30% of the nation’s traffic fatalities. According to a report by Forbes, 67% of alcohol-impaired driving fatalities involved at least one driver with a BAC of 0.15% or higher.
The Role of Experienced DUI Lawyers
If you find yourself in such serious trouble, then you must look for legal assistance. There is a need for experienced DUI lawyers. These lawyers can be particularly important in putting up a fight against evidence brought by the prosecution. They may:
- Challenge the accuracy of your BAC test: For instance, certain medical conditions, such as GERD or diabetes, can lead to false readings on a BAC test. This is where an attorney can challenge the accuracy of the test results.
- Investigate the arrest process: A lawyer may also be able to determine if the arresting officer was exercised within the right limits of the procedure, which may help in scaling down charges or even completely dropping them.
Defense Strategies for Felony DUI Cases
When a person is charged with felony DUI, it is important for them to explore every possible defense. Some defense strategies include:
- Suppressing the evidence based on the validity of the traffic stop: In case there was no reasonable suspicion to support the stop, anything that was found will not be used as evidence in trial.
- Rising BAC defense: This argument outlines that the individual’s blood alcohol concentration (BAC) was below the allowable BAC level when driving but had increased at the time of testing.
- Breathalyzer reliability: Questions about the reliability of breathalyzers used at the time of arrest can be emphatically based on whether the relevant calibrations or maintenance records have been reviewed to show probable inconsistencies.
Plea Bargains and Legal Strategies
In some cases, negotiating a plea bargain might be the best strategy. A plea deal can sometimes result in:
- Reduced charges, such as lowering a felony DUI to a misdemeanor.
- Lighter penalties compared to those for a felony conviction.
However, this option should be carefully considered and discussed with your attorney, as it depends on the specific details of your case.
Conclusion
Facing a felony DUI charge is a daunting experience, but with the right legal strategy and representation, you can navigate the complex legal system. Whether through challenging the evidence, questioning the arrest’s legality, or negotiating a plea deal, having a skilled attorney by your side will make a big difference in the outcome of your case.
