Dui, Turning A Misdemeanor Case To Felony
When arrested for DUI offense (Driving under the Influence of Alcohol or Prohibited Drugs)
, your offense can fall under different charges. And once a case is filed, you can be penalized with fines that can at times be very heavy, suspension of driving license and imprisonment among others. There are even instances when your penalty can be more.
DUI is normally a misdemeanor case. This is your case when you are arrested with a BAC or blood alcohol content of 0.08%. However, this can be a felony offense when you are involved in an accident that placed the lives of people in great danger. When this happens, your simple case of misdemeanor becomes a serious felony, the worst DUI violation.
First, it is important to understand DUI. The abbreviation stands for driving under the influence. This means that you are driving a vehicle while under the influence of alcohol or other prohibited drug. This is a nation-wide violation and some states of USA have more strict laws. Arizona may have the strictest DUI laws. It should be because DUI is one of the leading causes of accidents and injuries to humans and properties.
You may be allowed to drive provided your BAC does not reach the threshold of 0.08%. Once arrested and tested for a BAC of 0.08% or higher, you are guilty of the offense. The test is made through a breath-analyzer.
If your driving endangers the lives of people or if you cause an accident, you will be facing felony charges, instead of misdemeanor. Another instance of misdemeanor turning felony is being caught with a minor inside the car while you drive with a BAC of 0.08%.
A felony case spells heavier penalties such that your driving license can be suspended for a longer period of time. Additionally, you will have a longer jail time and higher fine. When facing these charges, you surely cannot do it alone. You have to be guided by a lawyer. And it should not be any ordinary lawyer. As the case is serious, you have to ensure that your counsel is experienced in this field of the law. Thus, you have to find a DUI lawyer in the state where you committed the offense.
You do not expect your lawyer to get you an acquittal verdict; what you might be after is for lesser level of charge. For example, with the capability of the lawyer to disprove the charges, your supposedly felony case will fall under felony only. With this, you are also subjected to lesser penalty. This is because your experienced lawyer had found loop holes in the charges against you.
Even if there is a good lawyer to defend you, it is still advisable that you stick to compliance of the law. Never drive when you have ingested alcohol. This may not only endanger other people but you are also risking your life.
by: John Smithes
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