In most cases, a DUI or DWI charge is a misdemeanor crime. But, in some instances, the charges against you may be upgraded and that misdemeanor charge can be upgraded to a felony. The rules regarding felony DUI and DWI change from state to state. However, here are three of the most common reasons why a misdemeanor DUI or DWI would be upgraded to a felony DUI or DWI.
You Have Previous DUI or DWI Convictions
In many states, you can have a DUI or DWI upgraded to a felony if you have prior DUI or DWI convictions. In most states, you are facing an automatic felony if you have had two or more DUI or DWI convictions. This law was put into place to try to deter habitual offenders. One of the most common misconceptions is that the felony charges are only if you are currently on probation for prior DUIs or DWIs. This is not the case. The courts look at your entire adult criminal history when counting your DUI or DWI convictions.
You Injured or Killed a Person While Driving Under the Influence
The laws vary from state to state, but in most states, if you cause great bodily harm or kill someone while driving drunk or while you are under the influence of medications or drugs, you can be charged with a felony. States have different definitions of what great bodily harm is, so it is important to talk to an attorney if you are in this position, as they can advise you on the laws in your state.
You Are Driving On a Suspended or Revoked Drivers License
The last common reason why a misdemeanor DUI or DWI may be upgraded to a felony is because you were driving on a suspended or revoked drivers license. Courts will look at special circumstances, and if you should not have even been driving in the first place, they can upgrade the charges that you are facing.
Misdemeanor DUI and DWIs are serious. However, if your DUI or DWI is upgraded to a felony, the charges against you are even more serious. You can face more time in jail, longer drivers license suspensions and higher penalties and fees for a felony charge. If you have been charged with either a misdemeanor or felony DUI or DWI, you should seek legal help from a DUI or DWI attorney. They can help come up with defenses and possibly get the charges against you reduced. Contact a DUI or DWI attorney to learn more today.
Share25 March 2020
The court system can seem frightening and confusing if you're not used to using it. Whether you've been accused of a crime and you're trying to navigate the criminal court system, or you're being sued or considering suing someone else in civil court, you need an advocate who knows their way around. That's why finding the right lawyer for the job is so important. In this blog, I'll be helping you learn how to choose the right lawyer for the job and sharing information about legal strategies and courtroom procedures that you may come across when you have a legal problem. You need accurate information to help you understand the court system, and this blog can help.