There are many different situations that can lead to a drunk driving arrest. Police officers may suspect people of driving under the influence (DUI) offenses because of their conduct on the road or their involvement in a collision. Others may end up arrested after encountering a DUI checkpoint.
People get arrested in a variety of situations, and the situation leading to their arrest can have a major impact on the defense strategies they employ and the penalties they may face. Many drivers might expect to face misdemeanor charges after a DUI arrest. However, there are certain scenarios in which state prosecutors can justify bringing felony DWI charges against motorists. What are the most common reasons for felony charges related to DUI?
1. Causing a severe or deadly crash
If an alleged drunk driving scenario has negative consequences for others, the state may be particularly aggressive about prosecuting the accused motorist. When the driver at fault for a crash that leads to serious injury or death shows signs of chemical intoxication or fails a blood alcohol test, the state may pursue felony charges against them for causing a collision while under the influence.
2. Driving with minor passengers
Another aggravating factor that can lead to felony DUI charges is the presence of minor children in the vehicle. Unlike adults, who can recognize signs of intoxication, children often don’t understand the risks of drunk driving. They may also not feel comfortable telling a parent, child care provider or older sibling that they don’t want to get in a vehicle. The state can pursue felony DUI charges against those accused of drunk driving with a minor passenger.
3. Having a prior DUI conviction
State prosecutors can increase the charges and penalties a driver faces if they have a prior conviction on their record. Under state law, only one previous DUI offense is necessary for a motorist to face felony DUI charges.
In fact, a conviction isn’t even necessary. A deferred sentence secured through pretrial diversion can also result in a felony DUI if that same driver gets arrested within a decade of their prior court case.
Felony DUI charges have a more significant impact during background checks and carry more serious penalties than misdemeanor charges. Fighting DUI charges often requires legal support and a careful review of the state’s case.