When someone drives after drinking alcohol or taking drugs, it’s called a DUI. Most of the time, a first DUI is treated as a misdemeanor. That means it is a smaller crime. You might have to pay a fine, do community service, or go to alcohol classes, but usually, you don’t go to jail for a long time.
But when one makes mistakes like drunk driving with a child present in the car, or with a suspended or revoked license, things are more likely to escalate into a DUI felony. Here are some of the factors that can cause this spiral:
Past DUIs
One big mistake is not remembering past DUIs. Many states look back at past offenses. If someone gets caught multiple times within a certain number of years, a DUI that could have been a misdemeanor now becomes a felony.
For example, if a person has been caught drinking and driving three times in about seven years, the law can treat the third offense as a felony.
It’s actually very important for you to know your record. Mistakes from years ago are not gone; they can come back to make a new DUI a bigger crime.
Extremely High Blood Alcohol Content
Another way a DUI can turn into a felony is when the person’s blood alcohol level is really high. Every state has a rule about how much alcohol is too much for driving, and most of the time, the limit is 0.08 percent. That means if a person’s level reaches 0.08, the law already says they are too affected to safely drive a car.
If the number goes way higher than that, it gets even more dangerous because the person’s brain and body are not working the way they should, and that can cause serious accidents.
Numbers like 0.15% or higher show that the person is far past the safe limit. At that level, the body and brain are not working the way they should. The person may not fully understand what they are doing. They may not react in time to avoid hurting someone.
Because of that, the law treats it more seriously. It stops being seen as just a normal DUI. It can become a felony because the risk of harm is much greater, and the danger to everyone on the road is much more severe.
DUI Causing Injuries or Death
If driving drunk hurts someone, that can also make a DUI a felony. In some states, it’s called vehicular assault, and in others, the term is intoxicated assault. Both of these mean that someone became a victim because of a drunk and reckless driver.
In the event that someone actually dies from the accident, the driver’s story changes. They would be arrested and charged with vehicular homicide or intoxicated manslaughter. There’s no getting off the hook from this one. You’d most likely spend years in jail if convicted.
Child in the Vehicle
Having a child in the car while driving drunk is dangerous. Some states make this a felony right away. Other states may just make the penalties bigger for a misdemeanor, but either way, it’s a serious problem.
Even if there is no accident, just driving drunk with a minor in the car can count as a felony. This is because the law wants to protect children. The age of the child matters too; usually, children under 14 are included in these rules.
Driving With a Suspended or Revoked License
Some people drive even when their license is suspended or taken away because of a previous DUI. This is another mistake that can turn a DUI into a felony.
States like Illinois treat driving on a suspended or revoked license after a previous DUI as an automatic felony in many cases. This can make a first bad decision turn into a much bigger problem.
Key Takeaways
● Being very drunk can turn your DUI into a felony.
● Talking too much, saying the wrong thing, skipping court, or refusing sobriety tests from the police are also other ways to make your DUI a felony.
● With a felony DUI, you’re likely to stay in jail longer, pay higher fines, and, should you get out, jobs and apartments would be harder to get. It’s sometimes possible to be charged even if your BAC is lower than the legal limit.