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Misdemeanor or Felony
In most cases, when you are
stopped for drinking and driving, you will receive a misdemeanor on this. This
means that you are going to get some penalties for doing this crime, but they
are not as severe as some other crimes. But, depending on the situation that is
surrounding your case, you may be charged with a felony when you are caught
drinking and driving. This can make things really difficult in your life and
you may need to find some professional counsel to make sure that you aren’t
spending a lot of time in jail.
In most cases, it is going
to depend on the state you live in, along with how high your blood alcohol
levels were, if you were doing drugs, and if you were in an accident that will
determine if the case is a felony or a misdemeanor. While it is best to not
drink and drive or to find a defense that will help you get probation, a
misdemeanor is a better option because it has a lot less penalties, perhaps
just paying fees, compared to a felony that could have more than a year of time
in prison.
There are some aggravating
factors that can come into play in determining whether the DUI is a felony or a
misdemeanor. These aggravating factors include:
Blood alcohol level—if you
have just a bit to drink, you will probably be given a misdemeanor. On the
other hand, if your blood alcohol levels are off the charts, you are more
likely to receive a felony. In most states, if your levels are above .16
percent, you will probably receive a felony charge.
Injury—whether or not
someone was hurt as a result of your drunk driving can influence whether you
are getting a misdemeanor or a felony. The penalties are going to become more
severe the higher your blood alcohol levels were and the more people who are
injured due to a crash or other issue.
Previous offenses—if you
have been stopped and charged with DUI in the past, these charges are going to
be taken into account on present sentencing. The courts will look back between
7 and 10 years to see if you’ve been in trouble like this before. If you have,
your penalties are likely to be more severe.
Child in the vehicle—if you
drive drunk with a child in the vehicle, any individual under the age of 16,
you are most likely going to have a felony charge.
If you have been stopped and
charged with a DUI, it is important to get the right criminal defense lawyer on
your side from the beginning. They will be able to look at your case and decide
what the best possible defense will be. In some cases, we may be able to limit
your sentence from a felony to a misdemeanor, saving you a lot of time and
money in the process. Contact us to get started today.
Allegany
County, Maryland, Anne Arundel County, Maryland, Baltimore County, Maryland,
Calvert County, Maryland, Caroline County, Maryland, Carroll County, Maryland, Cecil
County, Maryland, Charles County, Maryland, Dorchester County, Maryland,
Frederick County, Maryland, Garrett County, Maryland, Harford County, Maryland,
Howard County, Maryland, Kent County, Maryland, Montgomery County, Maryland,
Prince George's County, Maryland, Queen Anne's County, Maryland, St. Mary's
County, Maryland, Somerset County, Maryland, Talbot County, Maryland,
Washington County, Maryland, Wicomico County, Maryland, Worcester County,
Maryland, City of Baltimore, Maryland.

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