Drinking and driving is a serious matter, though most arrests are treated as misdemeanors under the law. Certain aggravating factors could increase the stakes and lead to a felony DUI charge. The costs of a conviction can be devastating, with jail time, fines, and suspension of your driving privileges all being possible. The good news is that you can fight back with a Junction City felony DUI lawyer by your side.
While you must take any criminal charge seriously, felonies can alter the course of your life. This mark on your permanent record could make it difficult to maintain employment or find housing long after serving your sentence. Let a skilled DUI attorney help protect your rights during this challenging time.
Different circumstances can lead the state to treat these charges as felonies. The support of a Junction City felony DUI attorney can be invaluable in securing a fair resolution.
Under state law, anyone arrested for DUI with three or more prior convictions on their record will face felony charges. A third or fourth offense is treated as a level 6 felony, which can lead to a maximum of 46 months in prison.
DUIs that involve bodily injuries are also considered felonies. The state treats this as aggravated battery, which can carry up to 136 months in prison, depending on the severity of the injuries. There is also a potential fine of $300,000.
A person charged with DUI who was involved in a fatal accident will always face a felony prosecution. This is considered involuntary manslaughter, which is punishable by 38 to 172 months in prison on top of a $300,000 fine.
An attorney can approach a defense in these cases in different ways. They might challenge the underlying charge by arguing that the accused was never driving under the influence. Alternatively, a lawyer might argue the case should be treated as a misdemeanor. A felony DUI attorney in Junction City could pursue either or both options.
There are two common strategies for challenging the evidence in a DUI case. One is to argue the police illegally stopped the vehicle prior to the arrest. The police must have reasonable suspicion that a driver committed a crime before they can pull someone over. The defense could attempt to have any blood, breath, or urine test results thrown out because they were not properly collected or tested.
An attorney could also attempt to have the prosecution amend the charges to a misdemeanor offense under a few different grounds. They might argue the accident never resulted in physical injuries, or that one of the prior convictions should not count as a DUI under state law.
These charges are serious, but a conviction is not inevitable. You have the right to defend yourself in court with a strong legal team standing by your side. Let a Junction City felony DUI lawyer help you get the best available outcome in your case. Contact us as soon as possible to learn more.