Most states regard DUI or OWI as a misdemeanor, but some circumstances can raise charges to a felony level. A felony DUI or OWI conviction carries stronger penalties and more enduring consequences than misdemeanor cases do, but every state’s rules on felony DUI or OWI are different. Below is an explanation of situations that can result in felony DUI charges.
BAC (Blood Alcohol Content)
Most states have a .08 per BAC rule. If a driver’s BAC is .08 or greater, the state assumes that the person is in violation of the statute prohibiting drunk driving. Moreover, in Michigan, if you operate a vehicle with a blood alcohol level of .17 or higher, then you can be charged with a HIGH BAC charge also known as Super Drunk Driving.
Severe Bodily Harm
Some states raise DUI or OWI charges to felony level if the motorist injures or kills another person.
Prior Cases
States generally charge drivers with a felony DUI or OWI if they have had prior convictions within a certain time frame. The period and the number of offenses can vary by state, but some jurisdictions apply felony charges if a person has just one DUI or OWI conviction within ten years.
DUI With Children Present
Many states’ laws, including Michigan, make it a felony to drive drunk while children under the age of 16 are in the vehicle. These are child endangerment laws.
DUI on a Revoked, Suspended or Restricted License
In addition to criminal charges for operating while intoxicated, a person can face additional charges for Driving While License Suspended, Denied, or Revoked.
Find a DUI or OWI Lawyer
If someone is arrested for driving under the influence, they should hire a drunk driving lawyer Ann Arbor MI. These lawyers will evaluate all evidence, including sobriety test results, to ensure that the client’s rights are protected. It is important to talk to a drunk driving lawyer in Ann Arbor MI who knows local laws, and drivers can visit Hermanowskilaw.com to schedule no-obligation initial consultations.