Is a driving under the influence a felony or misdemeanor? This is a question that is often asked and the answer is yes. Depending on the conditions it can be seen by the authorities as either. A felony is much more serious than a misdemeanor and carries much stiffer penalties and is usually the charge when there are aggravating circumstances. Regardless of the charge, the individual charged should consult a DUI lawyer in West Georgia.
In many jurisdictions there are both felony Dui and misdemeanor DUI charges, the charge is based on the circumstances. When a driver has been pulled over and told to stop by a police officer who suspects the driver to be intoxicated, he will first subject the person to tests of physical dexterity, perhaps touching all his fingers with the thumb. If the officer still feels the same way he will give the driver a breath test to determine the BAC, blood alcohol count. In all states the person is considered intoxicated if the BAC level is .08 or higher. If the BAC is on or just above this level, the charge will probably be a misdemeanor; anything substantially higher will usually be seen as a felony.
As there are other things that can influence the charge, it is highly recommended that a DUI lawyer in West Georgia be hired. If the person has multiple convictions of DUI, the charge will probably be elevated to a felony even if there were no injuries or damage to anyone or anything. If any previous charge was a felony, regardless of how long ago it may have happened, this charge will also be seen as a felony. If the previous charge was at that time seen as a misdemeanor, whether this charge is elevated to a felony has a lot to do with the time that has elapsed between the charges.
When a driver has been formally charged with an offense it is normal that they are arrested and put into custody. Once the arraignment has been completed, a person charged with a misdemeanor will usually be released and a trial date will be set. If the charge has been elevated to a felony, during arraignment the individual will often be sent back behind bars until bail can be raised and if convicted, the felon can probably face further jail time.
James B. Head, Attorney at Law, LLC provides professional DUI defense Legal Services in West Georgia.
