Damico & Stockstill, Attorneys at Law

Understanding felony DUI charges

A felony DUI is the most serious type of drug charge. Although most states recognize DUI charges as misdemeanors, there are cases in which prosecution pushes for felony charges. Felony DUI charges could lead to severe consequences for the defendant. Charging someone with a felony DUI is not simple. There are certain regulations regarding the felony charge and they must be fulfilled.

An important factor when deciding whether to charge someone with a felony DUI is blood alcohol level. The blood alcohol level is determined using a breathalyzer test. Law enforcement officer may ask the defendant to take the test when suspected of driving under the influence.  A driver may refuse the test but there are consequences to refusal.  In LA their license is suspended. Although 0.08 percent alcohol level is enough for a DUI charge, significantly higher levels of blood alcohol could lead to a felony DUI charge. Blood alcohol levels above 0.16 definitely result in a felony DUI charge.

If the drunk driving leads to bodily harm to other people, the prosecution has the right to press for felony DUI charges. If the defendant was not the culprit in the accident the prosecution usually files for a misdemeanor charge. Repeated DUI incidents by an individual can result in felony DUI charges. Getting convicted could lead to severe consequences, including hefty fines and jail time.

If you have been charged with felony DUI, it is advisable to contact an experienced attorney. The attorney will go through the facts of your case and the evidence against you. Your legal counsel will try their best to make sure you are exonerated and there are no consequences for you.

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Damico & Stockstill, Attorneys at Law

8048 One Calais Avenue | Suite A | Baton Rouge, LA 70809-3483 | Phone: 225-250-1812 | Fax: 225-769-0195 | Baton Rouge Criminal Law Office