Differences Between a DUI Felony and Misdemeanor
Differences Between a DUI Felony and Misdemeanor
Steve Schanker is a dedicated Kansas City DUI attorney with a reputation for successfully representing DUI clients throughout Missouri and Kansas. According to him, every state has different guidelines with respect to what constitutes a DUI felony versus a misdemeanor, but one major difference between the two is that felonies tend to carry harsher penalties.
When it comes to DUI convictions and punishments, the law these days is getting stricter than ever before. When a driver gets behind the wheel of his vehicle while he is under the influence of drugs or alcohol, then he not only puts his own life in his hands, but the lives of all the other innocent drivers who have no choice but to share the road with him. Since the law does not tend to look kindly upon people who act in such an irresponsible and immoral fashion especially those who do so repeatedly the penalties involved in being found guilty of a DUI, though different from state to state, are relatively harsh across the board.
Unlike less serious traffic-related transgressions, such as mild speeding or failing to stop completely at a stop sign, driving under the influence has the potential to be a major criminal offense a fact that can end up playing a huge role in a convicted person's future. For this reason, it's important that anyone charged with driving under the influence understands the difference between a DUI felony and a DUI misdemeanor.
The Category of DUI
Generally, a crime will be categorized as a felony versus a misdemeanor if it carries a punishment of jail time for more than a year. Additionally, although both felonies and misdemeanors are, by nature, against the law, there is a certain stigma attached to the word "felony" that seems to carry more weight reputation-wise.
The distinctions between a DUI felony and misdemeanor can vary from state to state. Typically, a DUI conviction will count as a misdemeanor if it is a person's first offense along these lines, and if there are no other aggravating factors involved. However, it is very possible for a DUI to wind up getting classified as a felony offense.
If a driver's actions resulted in injury or death for someone else, then a DUI could easily translate into a felony offense. In addition, if a person is convicted of a DUI for the second, third, or fourth time, then he could end up falling under the "felony DUI" category depending on the state in which he lives. In both Kansas and Missouri, where I practice, first and second-time DUI offenses are usually considered misdemeanors, as they don't tend to carry more than a year of jail time. A third offense in either state, however, is considered a felony and will usually come with a much more significant punishment.
The Importance of Hiring an Attorney
If you or someone you know is facing severe legal consequences as a result of driving under the influence, then it's a good idea to contact a seasoned DUI lawyer, like myself, with a solid track record of defending clients. While a DUI misdemeanor is certainly never a good thing, a DUI felony conviction can come with a host of serious repercussions, from additional jail time to difficulty finding work in the future because of a felony conviction. I insist that under certain circumstances, a good DUI attorney might be able to reduce a DUI felony to a DUI misdemeanor which is why finding the right lawyer is essential for those facing DUI charges along these lines.
The laws of DUI felony versus misdemeanor vary so greatly from state to state, so it's important that anyone charged with driving under the influence consults with an experienced attorney who is familiar with DUI regulations inside and out. Remember, a felony DUI conviction can come with some life-altering ramifications, and while you may have to pay for a top-notch lawyer to get the best defense possible, those attorney fees may become one of the wisest investments you'll ever make.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this articlenor your receipt of this article create an attorney-client relationship.
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