Is a DUI a misdemeanor?

Driving Under the Influence or simply DUI can be a misdemeanor or felony depending on the circumstances. Typically, a dui misdemeanor means that you were driving after or during the consumption of alcohol. This means that you were stopped by the police and your blood alcohol content level or BAC was 0.08 percent or higher. Many times first-time dui are considered misdemeanors. However, in some cases a dui misdemeanor can become more serious. For instance, if you were arrested for a DUI after a car crash were someone—either your passengers or other drivers—are injured you may be still be charged with a DUI, but a felony instead of a misdemeanor. The DUI can also be a felony when anyone dies as the result of your drinking and driving. According to Nolo, in some states, if you are arrested for drinking and driving for a third or fourth time, you can be charged with a felony instead of a misdemeanor. This means that you don’t have to kill or injury anyone while you were drinking and driving.

Whether you’re arrested for a DUI misdemeanor or something more serious, charges are nothing to take lightly. You may face fines, jail or prison time. Thus, you should seek legal advice. A defense lawyer will explain what to expect and if there’s a possibility of your DUI misdemeanor becoming a felony. More importantly, the lawyer can help you negotiate or defend yourself in court.