Felony DUI

For those not familiar with the term DUI, the name stands for Driving Under the Influence. The word influence refers to any substance that would alter mental awareness or any substance that impairs motor function. Most often this involves alcohol, but drugs, prescribed or illicit, for example, is another substance that can be involved with driving under the influence. Of course driving under the influence is very illegal and current laws are very strict regarding the violation.

Classifications

In relation to legal ramifications, driving under the influence, or DUIs are generally classified in three ways. They are felonies, misdemeanors, and wobblers. A felony is the most severe charge followed by misdemeanor. A wobbler is essentially a charge that could go either way.

Felony or Misdemeanor?

There are several factors involved that will determine whether a case is given a felony charge or a misdemeanor charge. These can include:

Whether the individual has prior convictions

Whether there were any injuries that occurred due to the DUI

Whether there was a death that occurred as a result of the DUI

Prior convictions can play a large role in the sentencing. When an individual has a prior conviction or convictions, chances may be higher in receiving a felony charge. Generally, if an individual is arrested on a fourth DUI in ten years, they will most often be given a felony charge regardless if an injury or death was involved.

Vehicular Homicide

If a death occurs due to a DUI, the crime would be classified in one of three ways: a vehicular homicide, manslaughter, or second degree murder. Vehicular homicide is the least severe charge and is basically defined as when the death was found to be caused by ordinary negligence or in other words if the death could have been caused even if the offender wasn’t substance impaired. This would be an example of a “wobbler” charge as it could be given either as a misdemeanor or a felony depending on the given situation and evidence presented.

A manslaughter charge is often a felony when there was criminal negligence found or when the offender might reasonably have known that death could have occurred from his or hers actions. A second degree murder charge is given when evidence suggests that the offender caused a death and showed a conscious disregard for life.

DUI Lawyer

Whether the individual is guilty or not, a DUI lawyer is imperative to the case. DUI lawyers can inform their clients on their rights and privileges; they can also assist them and walk them through the court proceeding step by step. DUI lawyers are current on state laws and can help their clients to receive a fair trial.