A violation of DUI / DWI is usually a misdemeanor. A misdemeanor is one that is punishable by a prison stay not exceeding one year. A felony is a more serious offense and is punishable with prison stay that exceeds one year. In most states, the prosecutor who decides whether or not process the offense DUI / DWI as a felony depending on the circumstances of the offense.

Bodily injury or property damage

A violation of DUI / DWI is a felony if it results in bodily injury or property damage. The theme of bodily injury or property damage is present only if there is an accident. If the accident is caused by someone other than the person drunk driver, the offense is not a felony DUI / DWI.

Blood Alcohol Concentration High

Charges shall be imposed DUI / DWI if surprised driving or operating a vehicle when its concentration of blood alcohol (BAC) is 0.08% or more. However, if your blood alcohol concentration is much higher, shall be liable to the charge for felony DUI / DWI. In most states, the minimum concentration of alcohol in blood to establish a DUI / DWI as a felony is 0.16%. It may be more or less depending on state laws.

Previous convictions for DUI / DWI

A first time offense DUI / DWI will be considered a misdemeanor unless there is bodily injury or property damage or concentration of alcohol in blood is very high. In most states a second or third offense DUI / DWI is also considered a misdemeanor but can be considered a felony if bodily injury or property damage or blood alcohol concentration is very high. In some states, a second offense DUI is a felony. A third DUI is a felony in many states.

Circumstances

If at the time the police arrested him for DUI / DWI was driving at excessive speed or driving without a license or with a suspended license, you can be charged with felony DUI / DWI. In many states, if you are driving under the influence Surprised or intoxicated and there is a minor in the vehicle, it shall be deemed a felony.

Penalties for felony DUI / DWI

While a general offense DUI / DWI will result in fines and in some cases imprisonment for up to one year, a conviction for felony DUI / DWI result in prison for more than a year. You should fight the charges of felony DUI / DWI. Their freedom is at stake.