Driving under the Influence (DUI) is one of the most common offenses that can significantly impact a person’s life. For many individuals facing DUI charges, the question arises: Is DUI a felony? While it’s often treated as a misdemeanor, there are several circumstances in which a DUI charge can escalate to a felony. For law firms handling DUI cases, understanding the nuances of DUI law is essential to providing strong defense strategies for clients. Consulting a car accident attorney Houston can help protect your rights and navigate the complexities of DUI and related charges.
In this blog, we’ll break down the circumstances in which a DUI could be considered a felony, explore the penalties clients could face, and discuss the strategic approaches a lawyer can take to mitigate the impact of DUI charges.
What is a DUI?
A DUI refers to operating a motor vehicle while impaired by alcohol, drugs, or any substance that affects safe driving. In most states, a blood alcohol concentration (BAC) of 0.08% or higher is considered legally impaired. DUI charges may be classified as misdemeanors or felonies depending on prior offenses and case details. Penalties can include fines, license suspension, and jail time. A DUI lawyer Houston can explain your charges and protect your legal rights.
When Does a DUI Become a Felony?
While first-time DUI offenders often face misdemeanor charges, several key situations could elevate the charge to a felony. Below are common circumstances where a DUI may become a felony charge:
1. Repeat DUI Offenses
For many repeat DUI offenders, what starts as a misdemeanor can evolve into a felony after two or more prior convictions. A driver who has been convicted of DUI multiple times may face felony charges, even for subsequent offenses, depending on the state’s laws. Repeat DUI offenders are also subject to harsher penalties, including longer license suspensions, higher fines, and longer prison sentences.
2. Injury or Death Involving DUI
When a DUI causes an accident that results in injury or death, the charges escalate to a felony in most jurisdictions. These are some of the most serious DUI cases, and the penalties can include significant prison sentences and higher fines. Vehicular manslaughter or negligent homicide charges may be added, depending on the case specifics.
3. Child Endangerment
If a DUI offender is caught driving with a child passenger, this can result in a felony charge. Many jurisdictions impose severe penalties for those driving under the influence with minors in the car, recognizing the added risk posed to vulnerable passengers.
4. Extreme BAC Levels
In some cases, individuals with an extremely high Blood Alcohol Concentration (BAC), typically 0.15% or higher, may face felony charges. This reflects the extreme level of impairment and the increased danger to public safety.
5. Driving with a Suspended or Revoked License
If a driver is caught driving while their license is suspended or revoked due to previous DUI offenses, they may face felony charges. The penalties for driving with a suspended license can be severe and may involve more jail time and higher fines.
Penalty for Felony DUI
The penalties for felony DUI offenses in Texas are considerably more severe than those for misdemeanor offenses. If convicted, the defendant may face:
- Longer Prison Sentences: Felony DUIs in Texas often carry prison sentences ranging from 2 to 10 years for repeat offenders (Texas Penal Code § 49.09). If the offense results in intoxication manslaughter, the sentence can be from 2 to 20 years (Texas Penal Code § 49.08).
- High Fines: Felony DUI fines can range from $4,000 to $10,000, depending on the severity of the offense and prior convictions (Texas Penal Code § 12.33, § 12.34).
- License Revocation: Offenders could face permanent revocation or lengthy suspension of their driving privileges under Texas Transportation Code § 521.344, especially in cases of repeat offenses or DUI-related injury or death.
- Probation or Parole: If the individual is not sent to prison, they may be sentenced to probation with strict conditions such as mandatory rehabilitation or alcohol education programs (Texas Penal Code § 42A.251).
- Insurance Consequences: A felony DUI conviction in Texas typically results in extremely high insurance rates or difficulty obtaining insurance coverage at all.
DUI Defense Strategies
Facing DUI charges can be overwhelming, especially if the case involves injuries or serious consequences. Our personal injury lawyer Houston provides experienced guidance to protect your rights and help reduce penalties, or in some cases, achieve dismissals. Here’s how we approach DUI defense:
- Comprehensive Review of Evidence: We carefully examine all evidence, including BAC results, field sobriety tests, and police reports, to identify weaknesses in the prosecution’s case. Any unreliable or improperly obtained evidence is challenged in court.
- Negotiation for Reduced Charges or Sentences: We work with prosecutors to pursue plea deals, alternative sentencing, or rehabilitation programs instead of jail time whenever possible.
- Challenging BAC Test Accuracy: We assess the validity of BAC tests and lab procedures, challenging any errors that could lead to reduced penalties or case dismissal.
- Mitigation for First-Time or Repeat Offenders: We highlight clean records, remorse, and rehabilitation efforts to minimize penalties, even in repeat offense cases.
- Protecting Your Legal Rights: From consultation to trial, we ensure your constitutional rights are upheld and handle every detail with care, giving you confidence throughout the process.
Facing a DUI or Harm from a DUI? Legal Help Matters
If you or a loved one is facing DUI charges, especially felony DUI charges, or if you have been injured by someone driving under the influence, it’s crucial to seek immediate legal counsel. A DUI conviction can carry serious consequences, including prison time, fines, and long-term damage to your driving record. Similarly, victims of DUI accidents may face life-altering injuries and complex liability issues.
Our law firm provides experienced guidance for both defendants and victims. For those charged with DUI, we offer a strategic, client-focused defense aimed at protecting your rights and minimizing penalties. For victims, we help navigate personal injury claims, ensuring fair compensation and holding negligent drivers accountable.
Contact The Law Office of Michael Bates today for a consultation. Whether defending your future or pursuing justice for an injury, our skilled team can guide you through the complexities of DUI law.