A Quick Guide to Understanding When a First-Offense DUI Can Be a Felony


If you have recently been arrested for a felony DUI, even though you have never been in that situation before, it can be both surprising and terrifying. People commonly believe that the first offense is always charged as a misdemeanor. However, there are a variety of situations where a first-time offender could be facing the much more serious charge of a felony DUI, although the specifics associated with that possibility will vary from one state to the next. If you are currently facing a felony DUI charge, it is crucial to understand why

A Child Was in the Vehicle You Were Driving

While driving under the influence of drugs or alcohol is never a good idea and is a crime in every state in the United States, the courts often consider it to be a much more serious offense if one or more children were in the vehicle with you at the time. The age of that child can impact whether or not you are charged with a felony, and the increased charge is not an absolute. As a result, you should be sure to talk with your defense attorney about the possibility of negotiating a reduced charge and what you can expect if your case goes to court.

You Were Driving without a Valid License 

It is important to note that a driver's license can be revoked for many reasons, including unpaid traffic tickets and past-due child support. In some instances, your license could be revoked, restricted, or otherwise made invalid without your knowledge, especially if you didn't update your address with the state when you moved.

Unfortunately, the courts are unlikely to care much as to why you lost the right to drive in your state. That means that if you are arrested for driving under the influence when you did not have permission to be driving at all, some states will automatically charge you with a felony DUI. In that instance, gaining prompt legal advice is crucial. 

In conclusion, a felony DUI is a serious charge that could easily result in a significant amount of time in prison and a permanent bar on your record that could impact your life in a myriad of ways for the foreseeable future. Therefore, it is a good idea to discuss the situation with an experienced attorney in your area as soon as possible after your arrest in order to be aware of your legal options.    


28 November 2016

Working With Your Attorney

Few things are more frustrating than being accused of a crime that you didn't commit. I found myself in this difficult situation a few years ago when I was with a friend who broke the law. However, I knew that I didn't do anything, which is why I hired an experienced criminal attorney to help me out. He carefully reviewed my case, talked with me about what court would be like, and helped me to wrap my head around the different punishments I might face. He helped to prove my innocence, and I decided to set up this blog to help other people to understand the importance of working with a professional.