“Is a DUI a Felony?” This is one question most people ask themselves when they get pulled over for a DUI. Most people assume that a DUI is a simple traffic ticket and is not considered as a felony, or as serious as a felony. In some cases, however, driving under the influence of alcohol (DUI) is a very serious charge, and could land you in jail for anywhere from a few months to a few years.
When you get pulled over for a DUI, it is common for the officer to ask you several questions. Among those questions, you may be asked “Is that your first DUI?” or “Do you have any other felonies or serious crimes on your record?” These questions are meant to gather information about your criminal history and potential prior offenses. Knowing the answers to these questions can help police officers to determine whether you are driving under the influence of alcohol, and can help them decide whether they will issue a citation or arrest you.
The answer to the question “Is a DUI a felony?” depends upon where you live. Different states have different laws regarding DUI. Some of the most common states regarding DUI include: Arizona, Connecticut, Florida, Hawaii, Illinois, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington.
In some cases, you might be charged with a misdemeanor if you are convicted of driving while intoxicated (DWI). If this is the case, you could still be eligible for a defense attorney. If you have no prior criminal background, and you attend a high school or college that offers a reasonable education, your DUI conviction will become a misdemeanor. In many cases, you will still be able to obtain a job. It is possible, however, that your DUI conviction could become a felony and result in more serious charges such as time served in jail or community service.
Another question that many people ask is, “Is a DUI a felony?” While it is true that a DUI is considered a crime, the crime itself is different from a felony. Felonies are punished by a sentence of at least a year of incarceration, although some states also require prison time. DUI does not usually require incarceration. A DUI will only become a felony, if the offender’s license is revoked. If you have a suspended license, or you are facing imminent jail time, you might want to consider asking the court to allow you to enter a deferred adjudication program, which allows you to avoid a conviction until you complete your sentence.
Even if you are charged with a misdemeanor for driving under the influence, you might be able to use drug or alcohol rehabilitation as a defense. However, this is an option that must be explored with your defense attorney. In some states, you may be entitled to a trial defense. In a DUI trial, your lawyer would be able to argue that police officer testimony was unreliable, or that the blood alcohol level that was allegedly measured at the time of arrest was actually a much higher figure.
Other common questions include, “is a DUI a felony?” and, “what penalties do other crimes result in?” These questions are important. It is important to know what the nature of the charges will be, so you can determine whether or not you should face these charges.
Many times, people are incorrectly charged with a felony even though it is not one. For example, it is commonly thought that a DUI is a felony, but it is not. If you have been arrested because you were driving a stolen car, you may be able to use the carjacking defense. In this type of situation, it is a question of whether you suffered any damage to property while driving. A DUI is not charged because someone was driving illegally; it is charged because the act of driving was in violation of traffic laws.