DUI with Felony Injury
Generally, DUI (Driving under the influence) is categorized as a misdemeanor or a felony. The offense of misdemeanor is less serious than a felony of DUI offense. When a person drives under the influence of alcohol and commits injury to another person, he or she will be convicted for DUI offense. When a person is convicted with the charge of misdemeanor DUI, he or she will be punished with imprisonment for a maximum of one year. But, a person is punished with imprisonment for a year or more when he or she is convicted of Felony DUI.
Felony DUI Based on Injuries
There are three main factors which are related to Felony DUI Based on Injuries to another person such as DUI of drugs/alcohol, injuring another person, and causing traffic offense additionally. If you are convicted with the charge of DUI offense all of these three elements must be judged.
When a person drives with a blood alcohol concentration of 0.08% or more and causes an accident or commits an illegal act or neglects a lawful duty and also another person is injured due to his or her unlawful act or negligence, he or she will be convicted with the charge of Felony DUI Based on Injuries to another person. For an example, a person will not be convicted with the charge of Felony DUI with Injury to another person, he or she with DUI gets involved with an accident due to being cut off by another driver. Then, it is considered that the person is free from doing an unlawful act.
Felony DUI Serious Bodily Injury
When a person is convicted with the charges of Felony DUI Serious Bodily Injury to another person, his or her punishment will be intensified. The definition of serious bodily injury is different in different states. Generally, the following conditions are considered a serious bodily injury.
- Severe physical pain.
- Disfigurement which is permanent or prolonged.
- Permanent or prolonged impairment of an organ within the body.
- Injuries which may develop the substantial possibility of death.
- Inactiveness of mental faculties.
Penalties for DUI with Felony Injury
Generally, the punishments for Felony DUI are significant and penalties can be different for different states and can also vary from case to case.
- Imprisonment: When a person is convicted for DUI with Injury Felony, he or she may be punished for a long term within a state prison. The imprisonment for the long term may be seven years or more.
- Fine: The convicted person can be punished with a fine of $10,000 or more. The amounts of fine are varied from case to case of DUI.
- Probation: Sometimes, the court can make a decision for probation instead of, or addition to, amount of fine and duration of imprisonment. The probation includes a restriction for liberties and the convicted persons have to comply with several conditions and restrictions which are imposed by the court. Generally, the conditions and restrictions are counseling for using drugs as well as alcohol, continuing employment, keeping a distance from alcohol or the place where alcohol is available, submission of a random test report for alcohol and drug through a probation officer and not performing any kind of criminal activities or DUIs repeatedly.
- Restrictions for Driving: A person can lose his or her driving privileges due to DUI offense. Driving privileges can be acquired by the procedure of state administrative level as driving is not a legal right of a person. When a person is convicted for DUI offense, he or she has to face the trial of the driver’s license administrative level and the trial of the criminal level. The suspension period of the administrative penalties due to a DUI offense is at least 90 days. But, the period can be extended for many years considering the circumstantial conditions of the case and the state.