Is a 3rd DUI a felony or aggravated DUI?

To best understand the consequences and charges involved with multiple DUIs, you must first realize that a DUI itself is extremely serious and a 2nd or 3rd DUI is going to be even more serious. Also, understand that felony charges - which are possible with any DUI - are more serious than are misdemeanor charges.

An aggravated DUI is the same as a misdemeanor DUI only the aggravated DUI means that there will be additional charges. When it comes to aggravated DUI's there are three different types:

• Type 1 is where you have received 2 or more prior DUI convictions with in a particular period of time; if you have a history of misdemeanor DUIs the 3rd DUI you receive will be a felony. The law used to state that a 3rd DUI within 5 years is a felony, but it is now harsher than it was. Now it states that a third DUI in 7 years is a felony.
• Type 2 is a felony for driving and being stopped for a DUI when your license was already restricted, revoked or suspended.
• Type 3 is a felony charge if your current DUI charge was received while driving with a minor who is under 15 years old in your car.

When convicted of either type 1 or type 2 of the aggravated DUIs, the sentence you can expect is going to be prison for about 2 1/2 years. When convicted of the third type of aggravated DUI the sentence will be approximately 1 year in prison.

There are other related charges which the prosecution can make that are felonies. When you run from the police it is called felony fleeing. Other routine felony charges associated with a DUI case are: aggravated assault, murder in the second degree, and negligent homicide. You can also expect damaged property that is covered by insurance to be charged against as a criminal damage felony.

Your best bet to fight these aggravated DUI felony charges, whether they are first, second, third or more that you have been charged with, is to hire a criminal defense lawyer. The system itself is set against you and competent counsel will be your only hope of evading the consequences for these actions.