man driving while holding open beer bottle

Felony DUI: What You Need To Know

Felony DUI: What You Need To Know

DUI is one of the most commonly committed crimes. While first-time DUI is usually charged as a misdemeanor offense, there are certain factors that may increase the severity of the crime, and thus lead to felony charges.

In Alabama, there are two main ways that DUI becomes a felony offense.

DUI Resulting in Death or Serious Injury

If you drove under the influence and got into an accident that led to someone’s death or severe injury, it is likely that you will face felony DUI charges.

If a DUI accident led to death, you could also be facing a criminally negligent homicide charge.

Fourth DUI

In Alabama, a fourth DUI within 10 years will lead to felony charges. For any additional DUIs after the fourth conviction, they will all be treated as felonies.
Penalties for Felony DUI
For a fourth DUI offense or DUI resulting in someone’s death or injury, you are facing multiple years in jail.
Penalties include:

  • Up to 10 years in prison
  • Up to $10,000 in fines
  • A five year license suspension
  • Mandatory ignition interlock device

Aggravating Factors

If aggravating factors are present during the DUI arrest, the criminal penalties will be elevated. It may not be considered a felony DUI offense, but the defendant will be facing more severe consequences.

Some of these aggravating factors include:

  • Significantly high BAC (.16%, which is double the legal limit)
  • A child under 14 in the car at the time of the DUI
  • DUI in a school zone
  • Speeding
  • Driving under the influence while your license was already suspended

Birmingham DUI Defense

If you are facing felony DUI charges, it is crucial that you contact a defense attorney. At Burrell & McCants, LLC, we have extensive knowledge of DUI laws and a proven track record of success handling all types of cases. Call today at (205) 547-3042 to set up an initial consultation with our Alabama DUI attorneys.

More questions about DUI charges? Click here.