When is a DUI a felony?
Monday by: DoreenThe DUI is a felony if the driver of a vehicle drives while impaired by alcohol and/or drugs and commits a forbidden act or neglects a duty imposed by law in driving the vehicle that was the proximate cause of the traffic accident and injures someone other than himself. However, placement of the fault must be on the driver for the traffic accident. Alcohol or drug impairment without classification of fault will result in the driver being charged with a misdemeanor.
Punishment for this type of offense shall include either incarceration in the county jail or state prison, fines, suspension of driving privileges, and/or attendance in an alcohol education course.
If the driver of a commercial vehicle has a BAC (Blood Alcohol Content) of .04% or higher, and is thought to have caused injury through an illegal act or neglects any duty imposed by law, then the driver shall be charged with a felony. The definition of a commercial vehicle is any vehicle that requires a class A or B license or a C license with an endorsement to drive a “tank” vehicle.
Conviction for the fourth time within a span of 10 years for a DUI for any driver results in felony.
