Criminal Defense

There are a number of crimes or offenses that can be committed and charged as either a misdemeanor or a felony. Driving under the influence and its contemporaries are one of those crimes. The offense can be a misdemeanor or a felony based on the number of times a person has been charged and convicted with the offense.

In the majority of states, at least the first two driving under the influence charges and convictions are considered misdemeanor offenses. After the first two or sometimes three charges and convictions, a person graduates to felony DUI or DWI. It is also possible to “upgrade” to felony if there are other factors besides just having been drinking and driving. Some situations that can upgrade a misdemeanor drunken driving charge to a felony include being in an accident and killing or injuring another person while driving drunk.

The penalties for each type of driving under the influence are drastically different as well. For a misdemeanor in general, a person is generally not going to be expected to serve more than a year in prison. Once a crime hits the incarceration for a year or more limit, the crime becomes a felony. Those who have been charged with a felony drunk driving offense face much harsher punishments, both in terms of monetary punishments and incarceration or prison time.

When upgrading a drunken driving charge from a misdemeanor to a felony based on the number of previous convictions, there are frequently time limits on the period in question. It is not a question of the number of convictions in an entire life so much as the number of convictions within an X year period. So if a person has a conviction for driving under the influence at 22 and then another one at 38 or so, it is likely that the individual will not have his or her first conviction counted against him or her during sentencing or charges for the new arrest.

One mark of a skilled drunken driving lawyer is the ability to plead down the charges from felony to misdemeanor in negotiations with the district attorney or assistant district attorney. These negotiations may take place up until the judgement has been announced by the jury. In the event that a plea bargain is reached, this will be reached after the attorney for the accused has counseled him or her as to the benefits of the plea bargain and the risks of going to trial.