Is a DUI Or DWI a Felony Or Misdemeanor?
The DUI is the criminal offense. It is the act of driving any motorized vehicle while or after consumption of alcohol or drugs. The punishments for this conviction depend on the laws of the states. The DUI laws are different for different countries and severity of it depends on the severity of crime.
The alcohol content in blood is detected by using the breath test. The breathalyzer device is inserted in the mouth of the driver and he is told to blow air in the device. The device displays the blood alcohol content (BAC) count in the display attached to the device. If this reading is above the permitted range, driver can be charged under DUI laws.
The main punishment for DUI charges is suspension of license. The period of suspension depends on the severity of crime and number of times the crime made by the driver. It also depends on the BAC count recorded at the time of the arrest. If you are charged under this rule, you may face the punishment of suspension of driving license for the period of 1 month to 5 years. In some cases, it can be permanent suspension of driving license.
First DUI Offense ï¿½ License suspension for 1-4 months
Second DUI Offense ï¿½ License suspension for 1-5 years
Third DUI offense ï¿½ License suspension for more than 5 years or permanent suspension
If the crime is more severe, person may also face long-term imprisonment for DUI charges.
DUI Felony or Misdemeanor:
Is DUI conviction a felony or a misdemeanor? As discussed earlier, the DUI charges depend on the severe ness of the crime. The first time DUI offense is charges as misdemeanor and not felony. The misdemeanor can also result in the serious charges, but its severity would be certainly less than felony charges.
In general, in most cases DUI is considered as a felony. However, there are exceptions to this law depending on your age and the state you live in. The DUI cases are generally handled by superior court in each state. It is obvious that the first time DUI offender is charged with a misdemeanor. The first time offender can be charged with the felony if the drunken driving has caused injury to other person or due to reckless driving as a result of DUI influence. Multiple DUI convictions can also result in felony DUI charges in many states.
In some states, if your age is above the legal age limit for intoxication, your charges could be changed from misdemeanor to felony. No person would like to face the felony for DUI charges. It is good to avoid DUI rather than looking for DUI defense.
DUI is a felony in many states, but not always for the first time offenders. If you are fretful about the DUI charges you are going to face, it is advisable to hire the experienced DUI attorney for helping you out from this trouble. The experienced DUI lawyer will know al the legal ways to help you out of this charge.
Article Source: http://www.bharatbhasha.com
Article Url: http://www.bharatbhasha.com/crime.php/287619
Article Added on Saturday, April 2, 2011
|crime >> Top 50 Articles on crime|
|Category - >|