03 January ,2014 By Admin Category:DUI

A first-time charge of Driving Under the Influence (“DUI”) is normally charged as a misdemeanor, not a felony. But if someone was injured as a result of your drunken driving, then the possibility that the charge will be raised to a felony increases. In some states, if a victim dies as a result of your drunken driving, you may be charged with reckless homicide.

Much like how an infraction such as a speeding ticket is a step below a misdemeanor, a misdemeanor is a step below a felony. It generally includes lower penalties, probationary periods and overall exposure to the repercussions of being convicted of the charge. Misdemeanors carry the possibility of incarceration in the county or local jail for one year or less; felonies usually result in a state prison term of more than a year.

In some states, a DUI will be raised to a felony if it is the driver’s second or third DUI offense. Recent laws also include the possibility of requiring an Ignition Interlock Device (“IID”) for first-time DUI offenders. Current law also allows for enhancements such as registering with the police department, blood samples and longer periods of driving safety classes if an individual registers a significantly high blood alcohol level.

There are many variables that affect how a DUI is charged and prosecuted. It is important to obtain legal representation as soon as possible to determine the severity of the circumstances and to mitigate the future consequences. With an attorney, many times a DUI case can be reduced or dismissed for a variety of reasons that aren’t readily apparent to a regular person not familiar with DUIs.