Most states consider DWI/DUI to be a misdemeanor, but certain things can elevate the charge to a felony. A DWI Lawyer in Charles Town WV will tell you that a felony conviction comes with a stiffer sentence and longer-lasting consequences than a conviction for misdemeanor DUI does. Here are listed some of the most common situations that result in felony DUI charges.
Extremely High BAC
Every state has a legal limit of .08%. The rule states that drivers with levels of .08% or greater are presumed to be intoxicated, and in violation of the law. States often elevate charges to felony level if chemical testing shows that a driver’s BAC is higher than a predetermined level, which is usually about .16%. Not all states have such laws, but most impose harsher penalties for drivers with high BAC.
Injury/Bodily Harm
Some states elevate DUI charges to felony status if the at-fault driver causes injury to another person. Sometimes, prosecutors can decide whether to handle such cases as misdemeanors or felonies; in certain states, they must prove that the at-fault driver caused the injury. If you are involved in an accident, your DWI Lawyer in Charles Town WV may be able to prove that you aren’t at fault for the other driver’s injuries.
Prior DUI Convictions
States generally charge intoxicated drivers with felonies if the person has prior convictions within a certain time. The period and the number of DUI convictions is different in every state, but some states charge drivers with felonies if they have only one conviction within the past decade. A DWI Lawyer in Charles Town WV can give you more information.
Minors in the Vehicle
Some states have enacted laws that make it a felony to drive drunk with children in the car. For example, in New York, a similar law was passed after an eleven-year-old girl died when the adult driving the car had an accident. These laws typically apply when children 15 or younger are in the vehicle, but you should check the laws in your state.
Call a DUI Lawyer
If you are facing charges, you need a DWI Lawyer in Charles Town WV. A lawyer with a focus on DUI cases will look at your case’s evidence, including the results of sobriety tests, to protect your legal rights. It’s important to talk to a lawyer that knows your local laws, and most offer no-obligation consultations.
