Traffic-related legal violations may not seem as serious to people as crimes involving violence or even theft. However, traffic violations are among the most common legal infractions recorded, and they can have major consequences.
Some motorists receive tickets because they speed or roll through a stop sign. Others are at risk of criminal prosecution because of their behavior on the road. Driving while intoxicated (DWI) charges are arguably the most common criminal offense related to behavior in traffic.
Many people facing DWI charges face misdemeanor charges. Can state prosecutors ever pursue felony DWI charges?
Aggravating factors can increase charge severity
A basic, technical DWI offense involves someone driving poorly because of alcohol or failing a chemical breath test. Frequently, those accused of a standard DWI offense are likely to face misdemeanor charges.
Still, the state can pursue felony DWI charges in certain situations. When there are special considerations that act as aggravating factors, a prosecutor may be able to justify the decision to charge a motorist with a felony offense.
Causing harm to others is arguably the most serious aggravating factor in a DWI case. There are unique felony charges that the prosecutor can bring against someone who causes injury or death while under the influence at the wheel. Simply endangering others can also be grounds for felony charges. Drivers accused of a DWI with a passenger under the age of 15 might also face felony charges.
Sometimes, it is a history of repeat violations that inspires a prosecutor to pursue a felony DWI offense. Motorists with two or more prior DWI convictions could be at risk of a felony DWI with much more serious penalties attached.
Those who plead guilty to a felony DWI have to deal with a felony criminal record. They may have a difficult time securing well-paid jobs and high-quality rental housing because of their criminal record. They are also at risk of up to $10,000 in fines, a two-year driver’s license suspension and up to 10 years in prison.
Learning more about the laws that govern DWI charges can help people choose the best response. Many drivers accused of a DWI may be able to avoid a conviction with the right help.