Driving under the influence of alcohol or drugs (DUI) is illegal and a leading cause of injuries on the road nationwide. DUI can be charged as a misdemeanor or a felony based on the situation at hand. A DUI of any kind can significantly impact your insurance rates, driver points, and the status of your driver’s license. Therefore, before you drive, make sure you are being safe.
In some situations, a DUI charge is punishable by a jail or prison sentence. It is a serious crime and causes many deaths each year. If you take illegal drugs (even some prescription medications) and intentionally decide to drive, you are committing a crime. Be mindful of your safety and others around you while driving a vehicle.
Some states also refer to this crime as a DWI, meaning driving while intoxicated or driving while impaired. Depending on each state, the name may differ, but it is the same crime and can lead to an arrest if needed.
What Circumstances Lead to a DUI Charge?
There are two ways in which a person can be charged with a DUI: either impairment or per se. All states have strict regulations regarding blood alcohol content or the BAC level. You will be charged for a DUI if the BAC exceeds the predetermined legal limit. Per se DUI is charged only based on exceeding the predetermined legal limit for alcohol consumption while driving.
While the 0.08% percentage is generally the limit for most parts of the states, Utah is an exception. There, the legal limit is 0.05% as of 2019. It is important to check your local BAC levels to determine what is legally permissible. If the prosecution proves that your BAC is greater than the lawful limit, you would be guilty of DUI per se.
Furthermore, an impairment DUI is separate from a per se in that the prosecution cares more about the quality of driving and the driver’s behavior. For instance, if an officer stops the driver and fails their field sobriety test, then now there is evidence that the driver did consume alcohol. Therefore, the prosecution will use this as evidence of impaired driving.
However, states have regulations on monitoring this sort of unlawful behavior. Each state has its threshold for what is considered impairment where the BAC evidence is not available. It is important to demonstrate that the driver was intoxicated to the extent that it heavily impaired their driving abilities.
When Does a DUI become a Felony Charge?
A person receiving a first-time DUI is charged with a misdemeanor. Unless, at the time, there were other violations committed. Certain violations can cause a DUI to become a felony charge. For example, if any type of injury occurred or a person was killed in the accident while intoxicated, the driver can be charged with a felony. If another violation is committed while driving under the influence, it may lead to a felony. You can check your local criminal statutes to determine what else would constitute a felony.
Furthermore, felony charges apply when the BAC level exceeds a certain level. There is a permissible limit for the BAC level; anything beyond that will be subject to further criminal charges depending on the state you reside in. Moreover, violations of other laws, such as driving with a revoked or suspended license, can lead to felony charges as well.
Additionally, anytime children are involved in a DUI case, it will result in a felony charge, especially if the children are below the age of 15. Greater penalties are due depending on which state you reside in. Furthermore, depending on the state and length of time since any prior convictions, a DUI can be increased to a felony due to a prior DUI conviction.
If you receive a DUI, you must attend classes in an alcohol treatment program. Depending on your charges and the case, this can take several weeks or months. When a person is arrested for DUI, they must undergo a medical evaluation to determine the extent of their alcohol or drug problems. Depending on the results, as mentioned earlier, you will be mandated to enroll in a program for alcohol treatment.
Lastly, Insurance companies charge higher premiums for people with a DUI conviction. States have more restrictions and require more regulations for vehicles driven by persons with a DUI conviction. The main takeaway from this is to deter a person from ever drinking and driving; they are risking their lives and the lives of innocent people.
How Does a DUI impact your Background Check?
It depends on your state, but the DUI conviction will generally appear on your criminal background check. Most places of employment nowadays require a background check; having this DUI conviction on the record can harm your future career. But some states prohibit or limit the disclosure of this information.
Additionally, as mentioned earlier, some states may use different terms for DUIs, such as driving while intoxicated (DWI) or operating under the influence (OUI), but these are usually synonyms for DUIs, not separate categories.
Researching your state and figuring out how these violations can impact your background check is crucial. Most states reveal this information when needed. If other violations are linked with the DUI, it may also show up on your record. This could hinder many opportunities for you and create lifelong issues for you.
What is the Difference Between a Misdemeanor DUI versus a Felony DUI?
In most states, criminal convictions are defined in the following three categories: misdemeanors, felonies, and infractions. In the case of a DUI that’s not a traffic offense, depending on the facts and circumstances, it can either be a misdemeanor DUI charge or a felony DUI charge.
A misdemeanor charge results in less severe penalties than a felony and carries a maximum sentence of one year, with or without other penalties such as fines or probation. The first-time DUI charges may result in a misdemeanor conviction. However, some situations that lead to a person’s death or a serious injury can increase the charge. A repeat offender will also face more stringent penalties.
Remember that an employer may withdraw a job offer for a driving-related position if the candidate’s background check reveals a DUI conviction. A felony conviction for a DUI results in more severe penalties than a misdemeanor conviction. After a felony DUI conviction, an individual could face a substantial sentence, license suspension, and a large fine. All states nationwide have a system of dealing with these charges and determining if they can be increased to a felony.
When Do I Need to Contact a Lawyer?
If you are facing a DUI charge and are concerned about how it will impact you, do not hesitate to contact a local DUI/DWI lawyer to assist you. If other violations are involved, it could become a felony charge and have harsher penalties.
DUI cases can be complex and may involve various criminal laws and statutes. An experienced attorney in your area can provide you with the legal information and representation needed for your specific case. In the event that you need to attend any court hearings or meetings, your lawyer can be on hand to provide you with representation and guidance from start to finish.
