In some circumstances Driving Under the Influence of drugs or alcohol or DUI can be charged as a Felony DUI. DUI sometimes also referred to as DWI is an offense that can carry enhanced penalties both by the number of convictions and the severity of the bodily injury to another.
Felony DUI can be if a person has priors. If there are three (3) prior offenses without regard to when the prior offenses occurred, a fourth (4th) DUI can always be categorized as a Felony DUI. Second, if a person is arrested for a third (3rd) DUI within ten (10) years, then that third (3rd) within ten (10) can be charged as a Felony DUI. The ten (10) years is from the last conviction; therefore, it is not required that the prior DUIs all be within ten (10) years. Only the most recent conviction for DUI has to be within ten (10) years.
DUI can also be a felony if a person is accused of causing or contributing to causing a “serious bodily injury”. Whether an injury caused by DUI is a “serious bodily injury” can require expert medical testimony which can be expensive. DUI manslaughter, when the alleged victim dies, is also a Felony DUI. DUI Manslaughter is a second degree felony or can be filed as a first degree felony if the accused failed to give information or render aid.
If you or someone you know has been arrested or may be arrested for a felony DUI of any kind, quick action is the best defense. The best results are obtained when the scene of a crash is documented immediately. If you think you may be accused of DUI with serious bodily injury or DUI manslaughter, or if your blood was taken after a crash, then you must act right away to preserve evidence that will otherwise not be available to your defense team later. Click or call today to get started.