Most states regard DUI as a misdemeanor charge, but certain things can raise the case to felony level. A felony DUI conviction has harsher penalties and longer-lasting consequences than misdemeanor cases have. Every jurisdiction has different criteria on felony DUI, and clients should consult a DUI lawyer in Worcester County, MD Lawyer in Worcester County MD, for local applications. Below are some of the most common scenarios that result in felony DUI charges.
High Blood Alcohol Concentration (BAC)
Every jurisdiction has a per se rule that assumes intoxication if a person has a BAC of .08% or higher. These rules state that a driver with a +.08% BAC is assumed to be in violation of the law. Jurisdictions commonly elevate cases to felony level if chemical testing reveals that the driver’s BAC is above an elevated level, which is typically around .16%. Not all jurisdictions have such laws, but they often impose stiffer penalties for those with higher BACs.
Cases Involving Bodily Harm
Some areas raise DUI cases to felony level if the intoxicated driver causes another to suffer bodily harm. In some cases, prosecutors may decide whether to charge cases as a felony or as a misdemeanor. Typically, the prosecutor must prove that the driver caused the injuries. For instance, if an intoxicated driver is hit at a stop light and the other person suffers injuries, the drunk driver did not cause the harm and the case remains a misdemeanor.
Prior DUIs
Most areas charge intoxicated drivers with a felony DUI if they have prior offenses within a set time. The number of past offenses and the period vary by jurisdiction, but some areas charge defendants with felony DUI if they have one conviction within the past decade.
Minors Present
Some jurisdictions have enacted laws making DUI with children present a felony. These laws typically apply when a child under 15 is in the vehicle, but the age triggering the law can vary. Check with a DUI attorney in the area for current information.
Call an Attorney
If a person is arrested for driving under the influence of drugs or alcohol, they should visit Ocean City Lawyer. A DUI lawyer in Worcester County, MD will evaluate all evidence including the results and methodology of chemical and field sobriety tests to ensure that one’s legal rights and interests are protected.
