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Felony DUI

Felony DUI Attorney Miami

Defense From An Experienced Attorney

If you are facing a charge of driving under the influence of alcohol or another controlled substance, you may only be concerned with one question: Is my DUI a felony?

This answer is not so simple since DUI laws vary from one jurisdiction to another. In general, DUI cases are handled in state superior court, and each state has its own laws that govern DUI.

When Is DUI A Felony?

In general, a first-time DUI is a misdemeanor, with a few caveats.

  1. Even a first-time DUI will usually be raised to a felony if someone was injured as a result of a drunk driver, or if there are grounds for believing that the driver was negligent or reckless in addition to being impaired by alcohol.
  2. In the case of serious injury, a DUI is often charged as a felony called vehicular assault.
  3. If someone is killed as a result of the drunk driving episode, the at-fault driver will likely be charged with felony vehicular manslaughter or in some cases vehicular homicide, which carries a higher sentence if the defendant is convicted.

Another way that DUI is raised to a felony instead of a misdemeanor is when a driver has multiple DUI convictions.

DUI is commonly raised to a felony on the fourth DUI conviction. However, in some states, even a second or third DUI arrest may be charged as a felony.

In some cases, blood alcohol level may also impact whether DUI is charged as a misdemeanor or a felony. In most states, the legal blood alcohol limit is 0.08. If the blood alcohol level is considerably above the legal limit, the prosecutor may take this into account as evidence of negligence. Presumably, someone who is severely impaired as a result of a very high alcohol intake should know that driving in such an impaired state is likely to result in serious harm to others.

FAQ And Legal Guides

Florida has some of the strictest DUI laws in the United States — get informed

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Penalties For Felony DUI

With all of this information about when DUI becomes a felony, it may be helpful to define exactly what the terms “misdemeanor” and felony mean. In general terms, a misdemeanor is a crime punishable by up to one year in county jail. A felony, on the other hand, is punishable by one year or more in state prison.

Call Jonathan B. Blecher, P.A., at (786) 977-9355 for a Miami DUI defense that you can trust! I have defended thousands of DUI and suspended license cases and will do everything I can to assist you as well.

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