DUI can be simply defined as driving a car after ingesting alcohol or any controlled intoxicating drug. The set limit for blood alcohol concentration when it comes to DUIs is different for each state but most have it at 0.08 percent. The consequences of being arrested with a blood alcohol level exceeding the one set by the state are dire and vary from state to state. The common thing is that the Auto Insurance Laws in all states vehemently outlaw intoxicated driving. Driving Under the influence in most states is viewed as a misdemeanor but it can also be classified as a felony. The definition of a felony according to the federal law is any offense that can result in someone being arrested for more than a year or that is punishable by death. A misdemeanor on the other hand is an offense that is punishable by an incarceration of one year at the most.
Whenever an offense moves from being a misdemeanor to a felony, there must be serious allegations to confront. According to the Auto Insurance Laws, a DUI can only move from a misdemeanor to a felony if it is a repeat offence or if there was a severe physical injury or death that occurred as a result of an accident caused by a drunken driver. This is a very serious crime and most states do not take this lightly. An individual can easily be charged with reckless homicide which carries a very severe sentence.
Reckless homicide means that the individual driving the vehicle caused someone to lose their life as a result of them being careless on the road. The difference between a DUI being classified as a misdemeanor or a felony varies from state to state. States like New York take DUIs very seriously and may classify a DUI as a felony if the offender has a second conviction on the same crime. On the other hand, in more lenient states like Georgia, a DUI is classified as a felony if the offender has a fourth conviction of a DUI. These laws may be different but they still preach the same virtues of no tolerance to DUIs.
It is important to know what different states classify as a misdemeanor or felony when it comes to DUIs. In states like Arizona and Arkansas, a DUI becomes a felony when the offender commits a third and fourth DUI offense when there are children under the age of 15 in the vehicle and is involved in an accident. In California and Colorado anyone committing a DUI for a third time will be charged with a DUI Felony on the fourth arrest in a span of ten consecutive years. In addition to this anyone who causes physical injury or death as a result of a DUI accident will also be charged with a DUI Felony.
More information on the other states is available online. To know more about them, enter your area Zip to see what your state has to say about DUI misdemeanors and felonies.
