2007-01-10 06:33:15 · 16 answers · asked by Jesse N 1 in Politics & Government ➔ Law & Ethics
A DUI is misdemeaner. However, too many DUIs can amount to a felony. Hence the offense known as Felony DUI. Generally 3 DUIs in a short period (1-2 years) can be tried as Felony DUI. It varies from state to state.
2007-01-10 06:39:35 · answer #1 · answered by Mick 2 · 1⤊ 0⤋
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2016-06-02 19:08:29 · answer #2 · answered by ? 3 · 0⤊ 0⤋
It may depend on the state. In Indiana, plain DUI is a misdemeanor. But there can be aggravating circumstances, like injury, property damage, leaving the scene, etc. which could raise it to a felony.
2007-01-10 06:41:57 · answer #3 · answered by cross-stitch kelly 7 · 0⤊ 0⤋
It depends upon whether or not the person charged with a DUI has been convicted once or twice previously of this charge.In Texas, we have DWI not DUI's but the principles are the same. If a person is convicted of a DUI (or DWI)1st the next time the person is stopped and arrested on the charge of DUI, it will be filed as a DUI 2nd(DWI 2nd).
If a person has a DUI 1st(DWI here) filed against them gets out of jail and is then later arrested for another DUI charge and has not gone to trial on the first DUI charge, the new DUI charge will be filed as another DUI 1st charge. Let's say the person HAS gone to trial on the DUI 1st charge and was not convicted of this charge, then this same person later on has another DUI charge filed against them, the next DUI will be filed as a DUI 1st charge. If the person WAS convicted of a DUI 2nd charge then later on picks up another DUI charge, the DUI will be filed as a felony DUI.
Just remember that no matter how many DUI's a person gets after they have previously pled or were convicted on the first DUI charge(DWI 1st which he/she was convicted of or pled guilty to) the new DUI charge will be DUI 2nd until they plead or are convicted of a DUI 2nd. After two convictions of DUI's (DWI's in Texas) the next DUI/DWI is a felony charge.
After that,(after 2 convictions, DUI 1st and a DUI 2nd) then the next DUI charge is a felony charge.However, if a person is only convicted of two DUI 1st charges, (the DUI was reduced to a DUI 1st) then the next DUI is still a misdemeanor DUI.
2007-01-10 06:42:10 · answer #4 · answered by attyvette 2 · 0⤊ 0⤋
Depends on the State Laws. People are always asking about specific laws as if we don't have 50 states with different laws. It's easy if you ask is murder a felony. We need more information. What state? How many offenses? What other charges were you tagged with when under the influence (did you kill anyone, did you run from the police)?
2007-01-10 06:41:52 · answer #5 · answered by Ron P 3 · 0⤊ 0⤋
DUI laws vary in the states, however, most FIRST time are misdemeanors in my state. Subsequent violations can be prosecuted as felonies. Your state should have something on the internet referred to as the "Code of (Your State Name)" which should help you further.
2007-01-10 06:46:49 · answer #6 · answered by KC V ™ 7 · 0⤊ 0⤋
Depends on what state you're in. In New Jersey, it's neither a misdemeanor nor a felony.
2007-01-10 06:41:11 · answer #7 · answered by 420 5 · 0⤊ 0⤋
In Calif. the first two are misdemeanors and subsequent ones are felonies
2007-01-10 06:38:21 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Depends on the state and your blood alcohol content.
2007-01-10 06:46:38 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No accident or injuries is a misdemeanor.
With injuries or accident-Felony.
2007-01-10 06:37:14 · answer #10 · answered by chuck_junior 7 · 1⤊ 0⤋