Misdemeanor vs. Felony DUI
Without a doubt, driving under the influence (DUI) is a serious charge whether it is a misdemeanor or a felony.
A DUI can certainly have negative effects on your life, misdemeanor or felony.
The very words “misdemeanor” and “felony” stir strong emotions in anyone facing either charge. Most individuals do not really understand  what they mean. They wonder what the difference is and what it means to them, their life, and their family. The difference between a misdemeanor and a felony conviction depends on the kind and duration of the punishment. While misdemeanors may involve jail-time in the county or local jail, felonies typically require a prison term of a least one year.
Most DUI’s are misdemeanors if it is the driver’s first, second or third offense. However, if the DUI resulted in an accident with another vehicle, property or pedestrian then the DUI is a felony. This is regardless of whether it is the driver’s first, second or third offense. Another condition that will result in a felony DUI is if it is the driver’s fourth offense within a ten-year period whether or not there were any accidents or injuries.
Felonies are extremely serious crimes and come with far more severe penalties and long-term consequences than misdemeanors. An individual convicted of a felony can expect to spend a least one year in prison. Other consequences of a felony conviction could mean the loss of certain rights. These include voting, practicing certain professions (law or teaching), owning guns, and serving in the military or on a jury. Additionally, a felony conviction could cost the individual employment or housing. It is common for employers and landlords to check criminal records of any prospective employees or tenants. When they discover the felony conviction, it is likely any employment opportunity is withdrawn or the rental application denied. With a misdemeanor conviction, the individual does not lose these rights.
If convicted of a felony DUI that involved an accident, the driver will be required to reimburse the victims for damages. The amount will be determined at a separate restitution hearing.
A skilled, experienced criminal defense attorney who specializes in DUI cases can evaluate your specific case and determine the most likely charges. Equally, the attorney can discuss your options as well as the best strategy for your individual case.
In the case of a felony DUI, it is would be very beneficial to have the charges reduced to a misdemeanor. A qualified DUI attorney may be able to negotiate such a plea agreement allowing the driver to plead guilty to a reduced charge, which carries less severe punishments. In the case of a misdemeanor, a knowledgeable DUI lawyer may also achieve a plea agreement for a reduced charge or dismissal of charges.
If facing a misdemeanor or felony DUI charge having a qualified DUI defense lawyer is in your best interest to protect your rights, your freedoms, and your driving privileges.
|
Drunk Driving DMV Hearing Lawyer
