Many people accused of driving under the influence DUI offenses expect to receive a slap on the wrist. They do not think of the matter as a serious offense and might even plead guilty before they assess the situation fully.
Despite what people might presume, DUI charges are relatively serious legal matters. Between the penalties the courts can impose and the criminal record they generate, DUI charges can have profound financial and professional effects on the motorist accused of impairment. While first and second DUI offenses are often misdemeanors, they are still serious allegations that warrant an assertive response.
In some cases, Pennsylvania state prosecutors may even be able to pursue felony charges instead of misdemeanor DUI charges. What specific circumstances may justify a felony DUI charge in Pennsylvania?
Multiple prior offenses
Recidivism, or repeatedly breaking the same law, is common for those whose crimes may relate to substance abuse disorders. People facing DUI charges may struggle to regulate their alcohol consumption.
People with one DUI conviction have an above-average risk of subsequent charges for the same infraction. Anyone with two or more prior DUI convictions is at risk of a felony DUI charge. A third DUI within 10 years with an especially high blood alcohol concentration (BAC) of 0.16% or more could be a third-degree felony, which carries up to $15,000 in fines and seven years in prison.
Charges stemming from injuries or death
Some people get arrested for DUI offenses at the scene of a car crash or at the hospital as they seek treatment after a collision. If people involved in collisions fail chemical testing or appear visibly intoxicated after the wreck, state prosecutors can potentially bring a felony charge against them. A DUI involving serious bodily injury is a second-degree felony that carries up to $25,000 in fines and 10 years in prison.
Pennsylvania statutes allow for felony charges in cases where impaired drivers cause serious injuries or death. Any driver accused of a DUI might benefit from a consultation with a DUI defense attorney. A homicide by vehicle while DUI is a first-degree felony that carries a mandatory minimum sentence of three years per victim and up to $25,000 in fines.
Those at risk of felony DUI charges face more serious penalties and more social stigma if they end up with a felony criminal record. Retaining the services of a DUI defense attorney can help those facing drunk driving allegations understand the state’s case and develop an appropriate defense strategy accordingly.