DUI-DWI Felony Law
Stiffer Punishment for DUI Felony Convictions
In most jurisdictions, due to federal “carrot-and-stick” legislation, the state laws relating to DUI-DWI have “minimum mandatory” punishment guidelines that prevent a judge from handing out a light punishment during DUI sentencing. These guidelines also may call for moving repeat offender misdemeanors into a higher “classification” of a misdemeanor, or even demand that yet another DUI is a felony.For a misdemeanor DUI-DWI, the typical maximum period of incarceration is 12 months.
However, DUI-DWI offenders with repeated DUI arrests face FELONY punishment for a third, fourth (or in some states) even a SECOND offense. Enhanced drinking and driving offenses should not be confused with aggravated DUI-DWI criminal offenses. An aggravated DUI-DWI criminal offense occurs when the defendant while driving under the influence of alcohol, is involved in an accident wherein another person is seriously injured or killed. Aggravated DUI-DWI offenses are usually called “vehicular manslaughter,” “homicide by vehicle,” “serious injury by vehicle,” and (in some jurisdictions) “murder.”
These aggravated DUI charges are DUI felonies in virtually every instance, and require some proof that you were either impaired by alcohol or drugs or had a “per se blood” alcohol level equal to or above the applicable legal limit.
Whether you face an aggravated DUI or felony DUI you MUST hire the best DUI lawyer you can afford. Money spent on a hard-working DUI attorney always beats money spent later on unnecessary fines, court costs, and DUI school.
Copyright 2023. William C. Head. All Rights Reserved.