Remaining sober while driving is a key rule intended to protect people from potentially deadly drunk driving crashes. Unfortunately, some drunk driving offenses occur because people don’t recognize that they have had too much to drink. Other times, people might have overestimated their ability to drive safely given their chemical state.
Those accused of a driving under the influence (DUI) offense might believe that pleading guilty is the best response. They can avoid the public attention that often comes with criminal trials. They may also hope to limit their consequences by cooperating with the state.
In some cases, agreeing to a guilty plea might lead to an individual having a felony criminal record. Idaho prosecutors can treat DUI offenses as felonies or misdemeanors. The details of the situation determine what charge a defendant may face. What situations may justify felony charges?
Causing injury to others
Drunk driving is problematic even if it does not have direct implications for others. People gamble with the safety of strangers if they choose to drive while under the influence.
If they cause verifiable harm to other people, the state can use the situation to justify felony DUI charges. Perhaps the crash caused serious injuries, putting one of the people in one of the vehicles in the hospital. Maybe the worst possible outcome occurred, and someone died. Both serious injuries and fatalities can lead to state prosecutors bringing felony charges against a motorist.
Prior convictions
The state imposes escalating penalties when people commit the same offense repeatedly. Those with prior convictions face larger fines and a longer jail sentence in most cases. Sometimes, they may even be at risk of felony charges when they might otherwise face a misdemeanor charge.
If a driver has two prior DUI convictions from within the last decade on their record, then the state can bring a felony charge against them if they get arrested for a DUI again. If the driver has a prior DUI felony conviction from within the last 15 years, then they are at risk of facing felony charges again. A second DUI with excessively high alcohol levels within five years of the first could also be a felony.
Responding effectively to DUI charges requires an understanding of the law. Drivers who have proper insight and advice when facing DUI allegations can develop strategies that may help them limit their long-term consequences.