Driving under the influence (DUI) remains a serious and all-too-common issue. Sadly, a significant number of traffic fatalities are the result of drunk driving.
While all DUI charges should be taken seriously, there’s a big difference between a misdemeanor DUI and a felony DUI. The penalties for a felony DUI conviction are far more severe than those for a misdemeanor.
If you’re facing DUI charges, it’s crucial to understand the difference between the two, especially because a felony conviction will impact your life in significant ways. If you’ve been charged with a DUI, it’s important to seek legal representation to understand your rights and options. Here’s what to know about a felony DUI vs misdemeanor DUI.
Misdemeanor DUI: The Basic Offense
A misdemeanor DUI is usually defined as operating a motor vehicle while impaired by alcohol or drugs. This often means having a blood alcohol content (BAC) of 0.08% or higher.
The penalties for a first-time misdemeanor DUI can include fines, suspension of your driver’s license, mandatory DUI education classes, and even a short jail sentence.
Keep in mind that repeat offenses within a certain period can increase the severity of the charges. Getting multiple misdemeanor DUIs can eventually lead to felony charges.
Also, certain factors can make a misdemeanor DUI even worse. For example, having a very high BAC or driving recklessly at the time of the offense can lead to harsher penalties.
When Does a DUI Become a Felony?
Most DUIs are charged as misdemeanors, but certain circumstances can elevate a DUI to a felony charge. Here’s what those circumstances typically are:
Prior DUI Convictions: The 10-Year Rule and Beyond
Many states have a “look-back” period, often 10 years, for prior DUI convictions. That means that if you’re arrested for a fourth DUI within 10 years, it will likely be charged as a felony.
Also, a prior felony DUI conviction will automatically make any subsequent DUI a felony, regardless of how long ago the felony conviction occurred.
Finally, in many jurisdictions, a prior conviction for gross vehicular manslaughter while intoxicated will mean that any subsequent DUI charge is automatically a felony, with no 10-year look-back period.
DUI Causing Injury or Death: “Wobbler” Offenses
Some DUI offenses are considered “wobblers,” meaning they can be charged as either a misdemeanor or a felony, depending on the specific circumstances and at the prosecutor’s discretion. DUI causing injury is one of those wobbler offenses.
Factors that will influence whether a prosecutor charges DUI causing injury as a felony are the severity of the injuries, your prior criminal record, and your level of intoxication at the time of the offense.
If a DUI results in someone’s death, you could be charged with vehicular manslaughter or even murder, sometimes called a “Watson murder” after a California Supreme Court case that established the precedent.
DUI with Child Endangerment
Driving under the influence with a minor in the car (usually defined as someone under 18) can lead to a charge of child endangerment.
The penalties get even steeper if the child is under 14, with increased penalties and the possibility of additional child endangerment charges.
Child endangerment, when coupled with a DUI, is often charged as a felony.
What are the penalties for felony DUI?
Felony DUI convictions carry much harsher penalties than misdemeanors. If convicted, you can expect:
- Prison time: A sentence in state prison is likely.
- Substantial fines: Fines can be very high.
- License suspension: You will likely lose your driving privileges for a long time.
- DUI programs: Mandatory participation in DUI education programs is usually required.
- Restitution: You may have to pay restitution to any victims involved.
California’s “Three Strikes” law can also come into play, increasing the severity of penalties for repeat offenders.
Beyond the immediate penalties, a felony DUI can have long-lasting consequences, such as trouble finding a job or a place to live, and problems with professional licensing. You may also face civil lawsuits if your DUI resulted in injuries or death, which could lead to further financial burdens.
Fighting Felony DUI Charges
If you’re facing a felony DUI charge, you need an experienced lawyer.
A skilled attorney can build a defense by:
- Challenging the accuracy of blood alcohol tests
- Questioning whether the police had a legal reason to pull you over
- Arguing that the police lacked probable cause
- Demonstrating that your actions didn’t cause someone’s injury (in injury cases)
Your lawyer might also be able to negotiate a plea bargain to reduce the charges to a misdemeanor.
In many cases, expert witnesses can help your defense. These experts might include toxicologists, accident reconstruction specialists, or medical professionals.
Frequently Asked Questions
Is a DUI a felony in all states?
No, a DUI is not automatically a felony in every state. Most DUIs are charged as misdemeanors. However, certain circumstances, such as prior DUI convictions, causing serious injury or death, or having a minor in the vehicle, can elevate a DUI charge to a felony.
Is a DUI in Florida considered a felony?
In Florida, a DUI is typically a misdemeanor for a first, second, or third offense (within a certain timeframe). However, a fourth DUI offense, or a DUI that causes serious bodily injury or death, is charged as a felony.
What’s the difference between a felony DUI and a misdemeanor DUI?
The primary difference lies in the severity of the penalties. Felony DUIs carry much harsher consequences, including longer prison sentences, substantial fines, and a permanent criminal record. Misdemeanor DUIs generally result in shorter jail sentences, smaller fines, license suspension, and community service.
Are felonies more serious than misdemeanors?
Yes, felonies are significantly more serious than misdemeanors. Felonies involve more severe crimes and carry much stiffer penalties. A felony conviction can have long-lasting consequences, impacting employment opportunities, housing, voting rights, and other aspects of life, far more than a misdemeanor conviction would.
Closing Thoughts
While both misdemeanor and felony DUI charges are serious, a felony DUI carries significantly harsher penalties and long-term consequences. If you’re facing DUI charges, especially felony charges, it’s essential to understand your rights and seek immediate legal counsel. The outcome of your case could change your life forever.