Why DUIs Are Sometimes Felonies and Sometimes Misdemeanors
A DUI can be a wobbler charge in some states, meaning that it can be charged as either a felony or a misdemeanor depending on the circumstances. For example, if a person is accused of causing serious injury or death while driving under the influence, the charge may be increased to a felony.
Other factors that can affect the classification of a DUI charge include the person’s blood alcohol content (BAC), whether the person has any prior DUI convictions, and whether the person was driving with a passenger under the age of 14 years old in the car.
In general, a DUI is classified as a misdemeanor unless aggravating circumstances are present. However, even a first-time DUI offense can be charged as a felony in some states if the driver’s BAC is above a certain level or if the driver refused to submit to a chemical test. Prior DUI convictions can also lead to harsher penalties, including felony charges.
It is important to note that each state has its own laws governing DUI offenses, so the classification of a DUI charge may vary from state to state. If you have been charged with a DUI, it is important to speak to an experienced criminal defense attorney in your state who can help you understand the specific laws and how they may apply to your case.
Stages of DUI and Potential Punishments
Most states classify DUI as a misdemeanor, but it can be classified as a felony under certain circumstances. The severity of the offense and the offender’s criminal history are typically what determine whether a DUI is charged as a misdemeanor or felony.
A DUI is typically classified as a misdemeanor. This is typically given to first-time offenders with a BAC level below 0.08%. If convicted, the penalties may include a fine, license suspension, and mandatory DUI education classes.
A more serious DUI offense is typically classified as a felony. This is usually given to repeat offenders or those with a BAC level above 0.08% but below 0.15%. If convicted, the penalties may include jail time, a fine, license suspension, and mandatory DUI education classes.
The most serious type of DUI is called an aggravated DUI. You can be charged with this type of DUI if you have a BAC of 0.15% or higher and:
- You were driving with a suspended or revoked license
- You were driving without insurance
- You were involved in an accident where someone was injured
- You have been convicted of DUI before
The penalties for an aggravated DUI are much harsher than those for a standard DUI. You will face a minimum of 45 days in jail and a maximum of 180 days. You will also be fined between $750 and $3,000. Your license will be suspended for one year, and you may be required to install an ignition interlock device on your vehicle.
A DUI can also be charged as a felony if:
- You have been convicted of DUI before
- You were driving with a suspended or revoked license
- You were driving without insurance
- You were involved in an accident where someone was injured
- You have been convicted of DUI before
The penalties for a felony DUI are also harsher than for a standard DUI. You can face a minimum of 90 days in jail or a maximum of 180 days. In addition, you can be fined between $1,000 and $5,000. As with other serious DUI offenses, your license can be suspended for one year and you may be required to install an ignition interlock device on your vehicle.
We Can Help You Today
If you have been accused of DUI, you may be wondering if it is a felony or a misdemeanor. The answer to this question depends on several factors, including your BAC and whether you have any prior DUI convictions.
By working with a Summit County DUI lawyer, you can get a better understanding of the charges against you and what you can do to defend yourself. An experienced lawyer will know how to challenge the evidence against you and may be able to get the charges reduced or dismissed altogether.
Contact Whitaker & Penix, LLC today at (970) 368-0602 to schedule a free consultation with a skilled DUI lawyer in Colorado. We will aggressively fight for your case and aim to get the best possible outcome.