Creating Sustainable Solutions

That Fit Your Life

Is a DWI charge a misdemeanor or a felony?

On Behalf of | Oct 29, 2024 | Criminal Law

Some traffic violations are serious enough to warrant prosecution rather than a ticket. Traffic offenses that affect public safety can potentially lead to arrest rather than a citation. If a police officer accuses a motorist of a driving while intoxicated (DWI) offense, the motorist may face charges in criminal court.

Depending on the circumstances, the driver could be at risk of an assortment of different penalties including incarceration, fines and a driver’s license suspension. Exactly what those allegations mean for the driver depends on the situation. State prosecutors can bring felony and misdemeanor charges against people in a variety of circumstances.

Are DWI charges misdemeanor or felony offenses?

Some DWIs are misdemeanors

Many drivers, including those with no prior criminal record, assume immediately that they should face misdemeanor charges when accused of drunk driving. For a significant portion of those arrested after a traffic stop, that may be true.

First and second DWI offenses are often misdemeanor crimes. Provided that there are no aggravating factors, the driver may have a misdemeanor on their record if the courts convict them or they plead guilty. However, it is worth noting that even a misdemeanor DWI can lead to jail time and thousands of dollars in financial consequences.

More serious DWIs can be felonies

There are a handful of scenarios in which state prosecutors can justify felony charges for a DWI offense. If the allegedly impaired driver caused a crash that injured or killed other people, they might face felony charges as a result.

Additionally, cases involving underage vehicle occupants can also lead to felony charges. If a driver has passengers under the age of 15, the state could charge them with a felony. Finally, drivers facing a third DWI charge may face felony charges.

Any criminal offense can create a record that limits someone’s future and puts them at risk of significant penalties. Felony charges, in particular, tend to have major implications for the party accused. Not only are the penalties more serious, but more employers may take issue with a felony criminal record than a prior misdemeanor offense.

Fighting DWI charges is often the best way to mitigate the consequences possible after a drunk driving arrest. Those accused of impaired driving generally need help looking into their options for defending against those charges, and that’s okay.

Archives

Categories