Aggravated DWI Charge Overview A driver who commits an aggravated DWI (driving with a BAC of 0.18% or greater) within 10 years of a prior conviction or convictions for an alcohol-related offense (other than DWAI) will be charged with aggravated DWI for a felony. In general, it is possible to be convicted of DUI as a misdemeanor or a felony. A standard first offense is almost always going to be a misdemeanor. But a DUI offender who kills or seriously injures another person usually faces felony charges, even if it's the person's first offense.
A driver could also face vehicular homicide charges for a DUI-related murder. A first DUI offense is often treated as a misdemeanor. In some states, it's possible to be charged with a DUI misdemeanor more than once, rather than immediately elevating it to a felony. Even if punishments for misdemeanors aren't necessarily as severe as felonies, they can represent negative, life-altering consequences.
There are a variety of factors and different tests for what the arresting police officer and then the prosecutor uses to decide how a person will be charged with DUI for a misdemeanor or possibly a felony. However, you may also be charged with driving while intoxicated if you take illegal drugs or even prescription drugs. In addition, finding the best defense to get out of a DUI felony is done by reviewing the details of the arrest as with a misdemeanor of driving under the influence. Therefore, it's not hard to imagine that a DUI combined with illegal driving will likely see misdemeanor charges elevated to felonies.
In some states, such as Arizona, driving without a license with a DUI is automatically a felony with mandatory prison time and having your license revoked for years. In some states, a driver may not only face a serious DUI conviction, but separate charges for each person injured or killed because of their actions. It's quite common for states to have statutes that detail the charges drivers can face based on the number of previous DUI convictions they already have on their records. Just as every arrest situation is different for each person, so is the best defense strategy to use that will have the best chance of success getting out of a DUI felony in court.
No matter the location, there is a common set of circumstances that lead to being arrested and charged with DUI. An impairment DUI is different from a per se DUI in that the prosecution focuses on driving quality and driver behavior. As with misdemeanor DUI charges, identifying the best felony DUI defense strategy that works always develops from an arrest review. Other details that will be equally crucial as to whether the crime continues to be a misdemeanor or if it becomes a felony driving under the influence of alcohol, will be the number of times a driver has been arrested or convicted of DUI, if a person was driving with a suspended or revoked license, or if he did not have a car sure.
In most cases, driving under the influence with a child in the car results not only in DUI charges, but also in child endangering charges. A DUI refers to driving under the influence of drugs or alcohol, while DWI means driving with a disability or intoxication.
