Driving under the influence (DUI) charges may follow targeted traffic stops or collisions. If police officers suspect people of intoxication while driving, they often conduct tests on the side of the road and arrest drivers who fail them.
People arrested for DUI offenses may expect to face misdemeanor charges. Most DUI cases in Alabama are misdemeanors, and many of the drivers accused choose to plead guilty. However, there are specific scenarios in which the state may pursue more serious felony charges against a driver who allegedly displayed signs of impairment or had an elevated blood alcohol concentration (BAC).
What situations might lead to a felony DUI charge?
1. Multiple recent offenses
Many people who struggle with alcohol abuse may make the same mistakes repeatedly. The penalties the courts can impose increase with each DUI conviction.
When a driver has enough prior offenses, even if they all involve failed tests, rather than harm to others, the prosecutor could bring a felony charge against them. If a motorist faces a fourth or subsequent DUI charge within 10 years, they are likely to face felony charges.
2. The presence of minor children
The state can bring more serious charges in cases where a person’s choices affect others. Parents, older siblings, child care providers and even professionals might drive with children under the age of 14 in their vehicles after drinking.
Anyone arrested for a DUI offense with young children or teenagers in their vehicles could be at risk of more serious penalties . Unlike adults, who can recognize the signs of impairment and assert themselves, children are often at the mercy of their caregivers. The state may aggressively prosecute adults who are under the influence with young minors in their vehicles.
3. Injurious or fatal incidents
In cases where allegedly drunk drivers cause crashes, their choices have consequences for outside parties. If a drunk driver causes a crash where another person dies, prosecutors can bring felony charges against them. Felony charges are also possible when a crash causes serious injuries to others.
Reviewing the circumstances of a recent DUI arrest can help people understand their charges. It may be possible to fight a felony DUI charge. The possibility of future charges can also make fighting a first DUI charge a smart decision. People who understand the law can respond appropriately to pending criminal charges.
