People accused of driving under the influence (DUI) offenses may not consider it a serious charge at first. Many people expect the state to have a somewhat lenient approach to DUI offenses. When compared with homicide or burglary, driving after having a few beers may not seem particularly serious.
DUI defendants may expect to face misdemeanor charges. Particularly in cases where people have not had interactions with the criminal justice system before, they may anticipate receiving a minimal sentence for the alleged offense. What many drivers accused of impairment at the wheel do not realize is that DUI charges can sometimes become felony cases.
What scenarios may warrant a felony charge for a drunk driving offense?
Endangering children
There are two different situations in which the state could pursue felony DUI charges because of the presence of children. If a school bus driver is under the influence while on the job, they may face a felony charge even if they didn’t cause a crash and there are no other aggravating factors. People operating their own vehicles could also be at risk of a felony DUI because of minor children. If there are vehicle occupants age 14 or younger, the state can pursue felony charges against the driver accused of intoxication.
Multiple prior charges
DUI charges are notorious for having high recidivism rates. In plain English, people accused of one DUI are very likely to end up arrested for the same offense again in the future. State statutes account for that and increase the penalties with each subsequent offense. When a driver has three or more prior DUI convictions from within 10 years, the state can pursue a felony charge against them.
Severe collisions
Drunk drivers sometimes cause crashes. Collisions can serve as aggravating factors in DUI cases. State prosecutors can bring felony charges against drivers who cause fatal collisions because they are intoxicated at the wheel. Severe injuries to other people can also lead to felony DUI charges.
Felony DUI charges result in harsher potential penalties. A felony criminal record can also have a major chilling effect on an individual’s future opportunities. Understanding how the state addresses different DUI scenarios could help people choose how to respond. Fighting pending DUI charges, even when facing a first offense, is one way to reduce the likelihood of facing a felony DUI charge in the future.