Friday, March 4, 2016

Maryland | Felony DUI

drunk driving
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Drunk driving is a crime that has some stiff penalties that you could be dealing with. While it can come under a number of names, getting caught driving while drinking can put a big dent in the quality of life you are enjoying. Over the years, the laws that govern this kind of crime are becoming more stringent; something that you may have gotten away with in the past is now going to land you in a lot of trouble. If you are caught drinking and driving, it is important to know your options right from the start. Contact a qualified criminal defense lawyer in Maryland to get you started and to help find the perfect defense to help you out.

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.


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