DUI: felony or misdemeanor?

11Nov/11Off

There are some major differences between a felony and a misdemeanor DUI charge. Those differences are defined in the legal descriptions of the

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crime, and in the respective punishments. The difference between a felony and a misdemeanor results from who is "at fault" in legal terms. Felonies are generally punished by serving time in a state prison, whereas a misdemeanor the sentence may be served in the county jail or the state prison. Misdemeanors usually also have a loss of driving privileges, fines, and an educational class for alcohol.

If a person is drunk (defined as a blood alcohol content above legal limits), or under the effects of illegal drugs, they may cause or be involved in a collision. If the person under the influence is determined to be "at fault", either by breaking the law or by not following safe driving practices, the DUI is a felony. If the driver is not "at fault" then the crime is a misdemeanor. Both felonies and misdemeanors convictions and penalties are guided by the law.

There is a specific kind of felony that can receive special treatment. If the defendant serves his time in the county jail as punishment, and successfully completes probation, he may ask the court for a charge reduction. This would change the felony to a misdemeanor. If the change is allowed, the conviction will show up in his record as a misdemeanor. The only time it would be counted as a felony is for the purposes of the Three Strikes law.

There are other circumstances which will make an offense fall under the felony charge. If a commercial driver has a blood alcohol content of 0.4 percent or higher, he shall be charged with a felony. Also, if a driver is convicted of DUI four times within ten years, that is a felony conviction. Please keep in mind that there are other underlying circumstances that can influence whether the crime is charged as a felony or misdemeanor. The above are just a few examples of each.