Being accused of drunk driving may not feel like a major criminal allegation on the surface; however, the details surrounding the charge, the driver’s past DUI convictions and other factors related to the traffic crime could cause the driver to face felony charges. In Florida and elsewhere, DUIs are commonly charged as a misdemeanor but could be elevated to a felony due to certain factors or circumstances.
Aggravating factors
Often, the difference between a misdemeanor DUI and Felony DUI are the aggravating factors involved. These are factors related to the drunk driver charge that makes the matter more severe. For example, if the driver has a Blood Alcohol Concentration or BAC that is double the legal limit of 0.08 or higher, their elevated BAC may trigger a felony DUI.
Other aggravating factors that could result in a felony DUI include causing bodily injury or death, having prior DUI convictions within a set time period or having a child 15 years of age or younger in the vehicle at the time of the DUI stop. In Florida, the DUI charge could be elevated to a felony if this is the driver’s third offense within 10 years, it is their fourth or more offense in their lifetime, they caused serious injury to another or killed another person in a DUI car accident.
Potential penalties and defense options
A felony DUI carries with it harsh penalties. This often includes jail time, significant fines and the revocation, suspension or loss of a driver’s license. These criminal consequences could have a lasting impact on your life, making it imperative that you consider the defense options available to you.
Like any DUI charge, it is important to consider the lawfulness of the traffic stop as well as the procedures conducted during the stop. Law enforcement must follow proper procedures when conducting a field sobriety test or administering a Breathalyzer. Additionally, protocol must be followed when collecting any evidence. As such, if these processes and procedures were not followed properly or as required by law, this information could be used in the defense against the DUI charge.
It is important to understand your situation, charges and legal options when faced with a DUI felony charge. A legal professional can guide you through possible defense options, helping you to reduce the charges, reduce the sentence or dismiss the charges altogether.