Driving under the influence (DUI) charges may follow a traffic stop or a collision. Motorists who were allegedly under the influence of drugs or alcohol face criminal charges, rather than simply receiving a traffic ticket.
People facing DUI charges may contemplate pleading guilty. They don’t want to undergo a trial when the state has chemical test results or other evidence supporting the charges. However, they may worry about both the penalties that the courts might impose and the criminal record that they may have after a conviction. A felony record, in particular, could cost a person future opportunities.
Are DUI defendants at risk of felony charges, or is this offense a misdemeanor?
Most DUI cases are misdemeanors
DUI charges are wobbler offenses. Depending on the circumstances, prosecutors can pursue either misdemeanor or felony charges. State law generally classifies impaired driving as a misdemeanor offense. Drivers are at risk of jail time, fines, court costs and a driver’s license suspension.
The exact penalties depend on the circumstances leading to the charges and also the prior record of the accused motorist. They have a misdemeanor record that can turn up during background checks. Occasionally, prosecutors may be able to pursue felony charges in a DUI case. Typically, there need to be aggravating factors to warrant more serious charges.
Prior convictions, harm caused to others and children in the vehicle could all lead to the state pursuing felony charges. For the most part, those accused of a DUI are likely to face misdemeanor charges. Even so, fighting back may be in the defendant’s best interests.
A criminal record, combined with court-imposed penalties after a conviction, can change the course of a defendant’s life. Learning more about the law and potential penalties can help people respond appropriately to pending DUI charges.
