subject: Felony Dui All About The Offenses And The Penalties [print this page] When does your drunk driving offense become a felony? Well, in most cases, a DUI or Driving Under Influence offense is considered as a misdemeanor in the state of Tennessee. But there are circumstances where the offenses are treated as felonies. The penalties imposed for these offenses also increase in severity.
What are these situations? Lets have a closer look at the details.
Any 4th (or subsequent) DUI offense is treated as a Class E Felony. If convicted, the penalties for this charge would include
Jail term for a year (150 days consecutively)
Fine ranging between $3,000 and $15,000
Admission to DUI School
Revocation of driving privileges for 5 years
Vehicle forfeiture (if ordered)
Installation of Ignition Interlock Device (if ordered)
Another category that classifies as felony DUI in Tennessee is Vehicular Assault. If an individual, driving under the influence of alcohol and/or drugs, causes serious injury to another individual it is termed as vehicular assault.
Considered as a Class D Felony, the punishments for this criminal activity include jail term (for 2-12 years), imposition of fines (as deemed appropriate by the court), revocation of driving privileges (for 1-5 years) and providing all court costs.
Vehicular Homicide implies a fatal crash that resulted in the death of one or more individuals. If it is because of a drunk driver, his/her crime is considered as a Class B Felony. The jail term and fines are decided according to the criminal court that tries the case. License revocation for 3-10 years is also meted out.
Child Endangerment is also a class of felony DUI. In case the vehicle, operated by someone whos driving in an intoxicated state, has a passenger less than 13 years of age, it is considered to be a serious offense.
If the child suffers serious injuries because of the intoxicated driver, it is a Class D Felony and the penalty is jail term for 2-4 years. On the other hand, any resultant child death is treated as Class C Felony and is punishable by 3-6 years jail term. In both cases, the license is revoked for life.
The most serious in the list of Tennessee Felony DUI offenses is Aggravated Vehicular Assault While Driving Intoxicated. There are certain conditions that add up to imply this
One previous vehicular homicide record
More than 2 DUI convictions
More than 2 vehicular assault convictions
Combination of these offenses
Vehicular homicide (with .20 blood alcohol content) along with one DUI/vehicular assault conviction
These are considered as Class A Felony cases and treated accordingly. If you have been involved in any such incident, it is wise to contact a competent lawyer immediately. You need to be aware of your rights and what you need to do before its too late.
