Aidala Bertuna & Kamins | Attorneys At Law
Schedule a Consultation

Factors that may result in a felony DUI charge

In New York and many other states, a DUI is typically a misdemeanor charge. However, there are circumstances that could upgrade the charge to a felony. For instance, those with a blood alcohol content of higher than .16 percent may be considered to have an elevated BAC, which may result in harsher punishment. A driver may also face a felony DUI charge if he or she causes bodily harm.

However, it is possible that a prosecutor will decline to upgrade a DUI to a felony even if bodily harm was caused. Furthermore, it must be established that the driver in question caused the injuries. Otherwise, the charge will remain a misdemeanor. In New York, a driver may be charged with a felony if he or she has a previous DUI or DWI conviction in the past 10 years.

Increased penalties are also possible if there is a child in the car. New York law calls for increased penalties if a child 15 or younger is in a vehicle with a drunk driver. A felony DUI charge may be forthcoming to any driver who is found to be driving while impaired and is on a suspended or revoked license. In Illinois, that could result in a prison term of up to three years if convicted on the charge.

Those who face a felony driving while intoxicated charge may wish to consult an attorney. Possible penalties include a license suspension or revocation, a fine and time in jail or prison. An attorney may argue that a driver's vehicle was experience a mechanical issue that caused it to swerve or that a driver has a medical condition that mimics symptoms of impairment. This may result in a plea bargain or an outright acquittal on the charge.

No Comments

Leave a comment
Comment Information
Watch Us On Screen

Arthur Aidala and Marianne Bertuna are familiar faces onscreen. But it is in the courtroom where their knowledge and their effective defense is most impressive.

They and associates Michael Jaccarino may be the difference for you when you are charged with a serious state or federal crime.

New York Office
546 5th Avenue, 6th Floor
New York, NY 10036

Toll Free: 800-410-4804
Phone: 917-200-0269
Fax: 212-750-8297
New York Law Office Map

Brooklyn Office
8118 13th Avenue
Brooklyn, NY 11228

Toll Free: 800-410-4804
Phone: 917-200-0269
Fax: 718-921-3292
Brooklyn Law Office Map