Under most state laws, the first time a person is charged with driving under the influence (DUI), the crime is usually charged as a misdemeanor. However, there are certain circumstances in which drunk driving can result in felony charges in some states. These include:
- In some states, second, third, and subsequent DUI offenses may be charged as felonies;
- In some states, cases in which the DUI resulted in serious injury to or the death of another person;
- Cases involving severe recklessness in connection with DUI may result in felony charges.
Also, cases involving intentionally caused injuries can result in more serious legal charges. For instance, if a person intentionally injures another person while driving drunk, or if they intentionally destroy property with their car while drunk, this would result in more serious felony criminal charges, longer terms of imprisonment, or the payment of increased fines.
Can I Get the Sentence Reduced in a DUI Hearing?
In some cases, it may be possible to have a sentence reduced in a DUI proceeding. This can be done through plea bargaining before or during a criminal prosecution. Some courts allow plea bargaining to occur at any time, while others have a set time for plea negotiations. Getting a reduced sentence may involve a showing of facts such as the following:
- It was a first-time DUI offense;
- The drunk driver did not cause injury to other people or damage to property;
- The driver was forced to drive while the threat of harm intoxicated them;
- The driver was not drunk at the time of the arrest. This can happen if breathalyzer test equipment is faulty or mistakes were made in administering the field sobriety tests. Or, errors may be made in other tests, e.g., blood or urine.
Thus, several factors can influence a final sentence in a DUI case. It is often possible to reduce the charge from a felony to a misdemeanor DUI case, which could affect the perpetrator’s sentence. But getting a felony charge reduced to a misdemeanor might be challenging in some circumstances.
Is DUI the Same as DWI?
Some states use the term DWI instead of DUI. DWI stands for “driving while intoxicated.” In most cases, these two terms are used interchangeably. However, the term DWI can sometimes include intoxication resulting from drug use, whereas DUI usually only refers to driving under the influence of alcohol. In a state that uses the “driving under the influence” terminology, driving under the influence of drugs might be called “DUI-Drugs.”
What Are Some Examples of State DUI or DWI Laws?
For example, a first DWI conviction is charged as a Class A misdemeanor in Illinois. Conviction of a first-offense DWI in Illinois results in a minimum revocation of the perpetrator’s driver’s license credential for 1 year. The revocation lasts 2 years if the driver is under 21. In addition, the driver’s car registration is suspended.
If chemical testing shows that the perpetrator was driving with a BAC of .16 or more, additional penalties may be imposed. This would include a minimum fine of $500 and 100 hours of community service. Again, this means a higher fine is possible; $500 is only the minimum. Serving a term of imprisonment is possible if the driver had a passenger under 16 in their vehicle at the time of the offense.
Convictions of a second DUI charge in Illinois results in a jail sentence of a minimum of five days or 240 hours of community work, a vehicle registration suspension, and a five-year driver’s license revocation for second violations committed within 20 years of the first.
In Illinois, motorists convicted of a second DUI while driving with a BAC of .16 or higher must pay a mandatory fine of $1,250 in addition to other punishments. A second offense of DUI while transporting a child younger than 16 is charged as a class 2 felony. The punishments are harsher than for a first offense.
A third offense brings a charge of aggravated DUI. Upon conviction, the perpetrator’s driver’s license, as is their vehicle registration, is revoked for at least 10 years. If the third-time offender has a BAC of .16 % or higher, the punishment is a mandatory 90 days in jail and a $2,500 fine. Any subsequent violations would result in even tougher penalties.
The law regarding DUI in California prohibits all drivers from driving under the influence of drugs or alcohol or with a BAC of .08% or more. A person is “under the influence” if their driving is substantially affected by drugs, alcohol, or a combination of both.
In California, a DUI generally stays on a person’s criminal record for ten years. So, a DUI that occurred within the ten years before another offense is a prior DUI and can make a current DUI a second or subsequent offense.
In California, a first DUI offense is a misdemeanor. A person who is convicted of a first DUI faces the following penalties:
- Fine: A fine of $390 to $1,000, plus “penalty assessments” that can significantly increase the amount the driver has to pay. It can all add up to several thousand dollars or more;
- Jail Time: A first offender can receive 48 hours to six months in jail. But if the judge orders probation, which is what happens in most cases, there is no mandatory jail time;
- License Suspension: A person’s driver’s license is suspended for six months for a first DUI conviction. The Department of Motor Vehicles (DMV) also suspends 4 months if the driver has a blood alcohol concentration (BAC) of .08% or more. Drivers who refuse BAC testing face a suspension of 1 year for the refusal.
- However, if two suspensions are imposed, they can overlap. So the perpetrator does not have to complete two full suspensions.
A person convicted of a first DUI offense usually receives a 3-year term of informal probation. As a condition of probation, the perpetrator has to complete a 3-month term in DUI school, which consists of 30 hours of class time. If the perpetrator had a BAC of .20% or more, the school lasts for 9 months, with 60 hours of class time.
When Is a DUI a Felony in California?
In California, DUI offenses after the first offense are still charged as misdemeanors, although the punishment becomes increasingly harsh with each subsequent offense. The presence of certain factors elevates a DUI to a felony. Felony DUIs carry much more serious penalties than misdemeanor DUIs in California, as in other states.
If a driver injures someone in a DUI accident, they can be charged with a misdemeanor or a felony. If the crime is charged as a felony, an injury DUI can result in a prison sentence of 16 months to 4 years. Depending on the perpetrator’s history, the fine for an injury DUI may be from $390 to $5,000.
Drivers who cause the death of another person while driving under the influence of alcohol or drugs are typically prosecuted under the state’s vehicular manslaughter or murder laws. A perpetrator in this situation may be charged with an injury DUI or one of the following criminal offenses:
- Negligent vehicular manslaughter while intoxicated, which can be charged as a misdemeanor;
- Gross vehicular manslaughter while intoxicated, or
- Second-degree murder.
The penalties for conviction of a misdemeanor negligent vehicular manslaughter while intoxicated are as much as 1 year in jail and a maximum fine of $1,000. A second-degree murder conviction is a felony. Punishment includes a possible sentence of 15 years to life in state prison.
In California, a fourth DUI within ten years can be charged as a felony offense. A felony fourth DUI is penalized by a term in state prison of 16 months to 4 years and a fine of $390 to $1,000.
So, we can see that the laws in different states regarding when a DUI is charged as a misdemeanor and when it is charged as a felony can be quite different.
Do I Need the Help of a Lawyer for My DUI Felony Charges?
Felony DUI charges can result in harsh penalties such as a prison sentence, a large fine, a lengthy revocation of a person’s driver’s license, and possibly suspension of their vehicle registration. If you have been charged with a felony DUI, you need to consult a DUI/DWI lawyer.
Your attorney can advise you of any defenses that may be available and represent you during plea negotiations or at trial if necessary.
