Driving under the influence is a serious offense that can lead to equally severe consequences. In many cases, a DUI is a misdemeanor offense, but certain factors can elevate it to a felony.
Understanding when a DUI becomes a felony is important for anyone facing criminal charges for driving while intoxicated.
When does a DUI felony occur?
A DUI typically becomes a felony when someone commits multiple offenses. Many states have laws that automatically upgrade a DUI to a felony if a person has multiple DUI convictions within a certain timeframe. According to Illinois DUI laws, an individual’s third DUI offense is a Class 2 felony.
Other situations where a DUI can become a felony include causing serious injury or death while driving under the influence, being under the influence with a child in the vehicle or driving with a suspended license due to a previous DUI conviction. The severity of the injuries and the circumstances of the accident play a role in determining the level of the felony charge.
How does blood alcohol content factor into the severity of a DUI?
Having a high blood alcohol concentration can also lead to a felony DUI. Some states have enhanced penalties for drivers with a BAC significantly above the legal limit, usually around 0.15% or higher. These enhanced penalties can include felony charges. This is especially true if other aggravating factors are present, such as reckless driving or having a minor in the vehicle.
Overall, a DUI can become a felony under several specific circumstances. Showing repeated or severe disregard for other individuals is a surefire way to escalate a DUI to a felony. Understanding these factors can help drivers make safer choices and avoid severe legal consequences.
