When most people think about drunk driving charges, they might assume that these charges are all misdemeanor counts. That, however, isn't the case. In last week's blog post, we covered the need of people who are facing vehicular homicide and vehicular assault charges in New York to have a strong defense. Both of those charges are actually felony DUI charges that come with very serious consequences. There are several things that can trigger a felony charges for drunk driving charges.
Is blood-alcohol concentration a reason for a felony DUI?
A high blood-alcohol concentration can lead to a felony DUI charge. In most states, a driver with a BAC of .16 or higher will be charged with a felony.
Will I face a felony if someone is hurt in a drunk driving accident?
It is possible in most states for felony charges to be placed against someone who caused someone bodily harm during a drunk driving accident. In some cases, a felony isn't placed against a person who has a drunk driving accident that causes property damage without causing bodily harm.
Will I get a felony for DUI on a suspended, revoked or restricted license?
In many states, getting a DUI under those conditions is a felony. Many states have harsh penalties for people who get a DUI while their license is suspended, revoked or restricted.
Are DUI charges upgraded if children are in my car when I am stopped?
It is a felony in New York to drink and drive with children in the car. Leandra's Law makes it a felony to have a child 15 years old or younger in the car if you are drinking and driving.
If you are facing a felony DUI, you need to seek out representation as quickly as possible so you have as much time as possible to work on your defense strategy. Working with someone who knows the law can help you to understand your charges and defense options.
Source: FindLaw, "Felony DUI" Oct. 02, 2014