Driving while intoxicated (DWI) offenses are criminal charges related to intoxication while driving. People who are under the influence of alcohol or drugs, including prescription medications, may be at risk of DWI charges after traffic stops or collisions.
Frequently, state prosecutors pursue misdemeanor DWI charges. However, the state does occasionally pursue felony DWI charges against motorists. What specific scenarios might warrant felony charges?
The presence of aggravating factors
Some DWI offenses are technical matters. Drivers fail chemical tests but do not actually harm anyone else. Other times, a driver’s conduct may put others at immediate risk of injury or worse.
The state can pursue felony DWI charges in cases where an allegedly impaired driver caused a crash that resulted in injuries or death. Felony charges are also possible in cases where the driver had a passenger under 15 years old in the vehicle with them at the time of their arrest.
The prior record of the driver
Repeat DWI offenses expose motorists to escalating penalties and even harsher charges. If a motorist has two or more prior DWI convictions on their record, prosecutors are likely to bring felony charges for third and subsequent DWI offenses. Drivers face not only harsher penalties but also a much more serious blemish on their criminal record.
Anyone accused of a DWI, especially a repeat DWI offense, may need help responding in court. The escalating penalties and charges make a well-planned defense necessary in many cases. Working with a criminal defense attorney can help people develop a strategy for trial or negotiate a plea bargain to potentially bypass the worst penalties possible.
