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DUI Felony Overview

DUI Felony Overview

DUI felony charges

DUI felony charges refer to claimed instances of the act of “driving under the influence” undertaken by a driver. In this way, the applicable sector of the legal system of the U.S. can present a claim as to the act of allowing alcohol consumption to affect the ability of a driver to safely and competently operate his or her auto vehicle, to the extent of impairment, and accordingly open the way for various penalties, as might be either punitively or remedially directed, if not both.

Sentencing mechanisms for conviction on DUI felony charges

DUI felony charges, if proven and otherwise correctly and effectively applied by the administering section of the legal system, will be used as a basis for a DUI conviction. A conviction on such DUI felony level charges could accordingly justify the application of penalties both generally associated with legal prosecution and more specifically associated with and relevant to instances of unallowable acts of motor vehicle operation under the influence of impairment-causing, alcohol based intoxicants. 
For one, DUI felonies could be responded to either with imprisonment or fines, or both. Additionally or alternately, a DUI felony could be used to oblige the driver to enroll in courses or programs intended to inculcate information and guidance as to the more responsible consumption, or avoidance altogether, of alcohol, or toward the safer, more effective operation of motor vehicles. 

DMV procedures

In addition to the prosecutorial and judicial systems, the relevant, state-level Department of Motor Vehicles (DMV) might be further involved in enacting the legal ramifications of an instance of DUI felony offenses. Accordingly, the two main options open to the DMV with regard to DUI felony charges and convictions can be noted as coming in the forms of driver’s license suspension or revocation. The latter option is generally the most serious, posing much increased levels of difficulty for the DUI felony level offender involved to face in potentially recovering his or her legal ability to operate a motor vehicle under public roadways. 

DUI felonies vs. DUI misdemeanors
As in general with cases transacted by the U.S. legal system, a criminal charge brought at the level of a misdemeanor can be noted as preferable for the defendant involved to the alternative route of a felony being charged against that person. DUI felony misdemeanors can most realistically be expected from cases which represent only the first such offense of this or any kind committed by the defendant and do not involve the consequence of further ill-effects to other individuals as a result of alcohol caused impairment.

DUI/DWI felony 
DUI felony cases can also be noted as potentially differing from felony or misdemeanor charges brought through the form of DWI charges. DWI stands for “driving while intoxicated” and is considered in some but not all U.S. jurisdictions a less serious offense. Accordingly, the legal defense options open to a DUI felony defendant could include petitioning for a lowering of charges to the level of a DWI offense.

DUI Misdemeanor Explained

DUI Misdemeanor Explained

DUI misdemeanor charges

A DUI misdemeanor charge represents an occurrence of the U.S. legal system presenting a claim as to the performance of an illegal act of operation of a motor vehicle under the impairing influence of alcohol and the consequential grounds for the application of legal penalties.

DUI misdemeanor charges represent just one of the potential legal options through which the prosecution of a drunk driver could be transacted, and are relatively less serious than the alternative avenue of DUI felony charges. 

Legal consequences of conviction on DUI misdemeanor charges

DUI misdemeanor charges can be used as the basis for various kinds of penalties which might be applied, particularly upon conviction of the defendant facing such claims, toward the end of legal or administrative penalties. 

As such, people facing a DUI misdemeanor charge should accordingly be familiar with the mechanisms transacted either by the U.S. prosecutorial and judicial system or by the driver’s license registration and renewal system. 

Court’s sentencing mechanisms for DUI misdemeanor charges

A DUI misdemeanor charge could be used as the basis for the defendant being compelled, upon the legal system’s successful conviction of that individual, to serve a term of imprisonment in jail. 

More commonly, however, DUI misdemeanor charges can be regarded, in comparison to the felony-level DUI cases, as holding the potential of compelling the payment, again on the part of the defendant if conviction takes place under law, of fines as called for by the U.S. legal system or adjusted in specific relation to the particular case. Contact a DUI lawyer to review your case.

DMV functions for DUI misdemeanors

The applicable Department of Motor Vehicles (DMV) should also be expected to necessarily become involved in cases involving the application of DUI misdemeanor charges, as is typically considered one of the basic responsibilities for a government agency of this kind. 

The DMV is generally considered a state-level agency, and can accordingly provide a means for involvement by the overall administrative system of the state even in the event of a more locally located DUI misdemeanor case. The main options for the DMV in such cases can be considered as comprising driver’s license revocation or suspension directed toward the particular defendant facing DUI misdemeanor charges. 

Alleviating DUI misdemeanor sentencing mechanisms

People who are convicted of having committed DUI misdemeanor offenses and are accordingly faced with either or both of the sentencing mechanisms referred to above, through court or administrative functions, might possibly lower their penalties through taking courses in alcohol education or enrolling in Alcoholics Anonymous (A.A.) support groups. 

The successful completion of either of these programs, as required either by the court system or DMV agency, could accordingly furnish a means for avoiding or lessening jail terms or fines. Such options for convicted DUI misdemeanor offenders are generally more applicable than for convicted DUI felony offenders.

DUI/DWI misdemeanor distinction

A DUI misdemeanor charge, though less serious than DUI felonies, might be considered more serious than the option of a DWI misdemeanor charge, as refers to the occurrence of “driving while intoxicated.”