QUESTION
Is a second aggravated DUI charge that is four times over the legal limit a felony?
Asked on Aug 28th, 2013 on DUI/DWI - Michigan
More details to this question:
My son is 28 and received a 2nd driving under the influence - aggravated (4 times over legal limit). He pled innocent at his hearing and they assigned him a public defender who said it was a felony. I'm confused on whether it is a felony or a misdemeanor. His trial date is September 27. I wasn't going to help him, but if this is a felony, I'd like to hire you to defend him. The public defender doesn't seem to be able to. I don't care if he goes to jail, but I don't want a felony on his record.
7 ANSWERS
Michael J. Breczinski
This depends on the State where this happened. Each States laws are different.
Answered on Sep 03rd, 2013 at 9:36 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Without seeing the criminal complaint, it's hard to say whether or not his charges were filed as a felony. An excessive BAC can be charged as either a felony or a misdemeanor. However, if his public defender says it is a felony, then it probably was filed as a felony.
Answered on Aug 30th, 2013 at 4:39 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If your son's case is indeed a second offense, and there was no accident causing injuries, and it is in California, i can't see how it would be a felony unless there significant facts omitted from your factual rendition.
Answered on Aug 29th, 2013 at 2:22 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Without knowing the facts of your case, I can't say with certainty. As far as hiring me, I am not sure where you are writing from, as I answer questions from people all over the United States.
Answered on Aug 29th, 2013 at 12:12 PM
It can't be a felony unless it is either the 4th within 10 years or one involving injury to a victim. Having said that, you need to help him hire a DUI specialist, and do it soon because he has only 10 days to save his license.
Answered on Aug 29th, 2013 at 11:40 AM
2 Awards
Typically DUI charges are not felonies in Colorado. There are other charges, such as an HTO (habitual traffic offender) that could be charged in addition to a DUI and be used to aggravate the case to a felony. Another situation when a DUI is charged with other felony charges is when there was an accident and any person other than your son was injured.
Answered on Aug 29th, 2013 at 10:37 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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If he is being charged under the relatively-new "High BAC" or "Super Drunk" law, it is 180-day max Misdemeanor, BUT if your son has 3 or more DUI's in his lifetime, then it is charged as a Felony under something known as "Heidi's Law."
Answered on Aug 29th, 2013 at 9:56 AM