Motorists can get arrested for driving under the influence (DUI) offenses in a variety of situations. Some drivers fail chemical tests administered after crashes and then face prosecution. Others face DUI charges because of what occurs during a one-on-one traffic stop.
While a DUI is a crime, unlike many other traffic violations, it may not seem like a particularly serious criminal allegation to the driver accused. They may not realize that the state can theoretically charge them with a felony offense in some cases.
When can drunk driving allegations lead to felony charges?
After multiple offenses
There are progressive penalties imposed for DUI offenses. The fines, jail time and driver’s license suspension are more serious with each subsequent offense.
Those who have three or more prior DUI convictions could face felony charges based on their record. The conviction could lead to more serious penalties and a felony criminal record that might diminish a person’s opportunities.
After others get hurt
Prosecutors can also choose to pursue felony charges against those accused of causing fatal collisions while under the influence. Prosecutors may also be able to justify a felony in scenarios involving serious bodily injury to another person. Serious injury may include amputations, brain injuries or disfiguring wounds.
Whether a pending DUI charge is a felony or misdemeanor, fighting back against it is usually in a defendant’s best interests. Drivers may be able to avoid criminal records, a criminal sentence and an increased risk of a felony DUI charge in the future. Learning about drunk driving statutes can help those preparing to fight DUI charges in criminal court.