Felony level driving under the influence (DUI) charges have serious ramifications and it is essential to work with an attorney to strategically fight the allegations and mitigate penalties. One of the first steps an attorney should take in preparing a Troy felony DUI defense is to speak with the person being charged. It is very important to establish a personal relationship with anybody that they are representing. A qualified felony OWI attorney would want them to understand what the expectations are of them and what the process will look like.
Evidence in Troy OWI Felony CasesCriminal defense attorneys will generally do everything possible to ensure that the process has a minimal impact on the defendant’s life, from discovery to the very end of trial. Evidence is primarily introduced through the discovery process when the attorneys from both sides share all relevant evidence and information. Discovery is anything that they could get pertaining to the case, whether it is 911 calls, in car videos, body cams, booking videos, any type of testing instruments, or logbooks.
Building a successful felony OWI defense in Troy means getting all of that information and choosing a strategic direction based on the facts and circumstances presented. They also want to understand the type of training that the officers received, what is required of the officers, and whether the officers followed that training in appropriately utilizing lawful and sound investigation methods.
What are The Penalties for a Felony DUI in Troy?The penalties associated with a felony DUI in Troy depend on the reason the charge was elevated to a felony. Usually felony drunk driving pertains to a third offense or higher drunk driving.
The minimum penalty for a felony OWI is 1 to 5 years of incarceration with the first 30 days being mandatory incarceration. There is an additional 480 hours of community service. If the defendant is already a convicted felon, they may be facing life in prison. In addition to these penalties, drivers could be on probation for a period of up to five years. They might have to pursue counseling, education, or in-patient treatments.
Outside of being on probation, there are also driving license sanctions that come with being charged with a felony drunk driving. Whether it is an injury case, a death case, or a third offense drunk driving or any other aggravated charge, people are facing a significant likelihood that their license could be revoked as a result of any conviction.
License RevocationA revocation would mean that the driver’s license would be gone for a period of time, generally for one to five years. Because this is a revocation period, they would be ineligible for any driving privileges during that time period. There is also the possibility that a person’s vehicles could be subject to forfeiture or immobilization to prevent the use of the car, even if they were able to maintain driving privileges.
As with all felony offenses, those convicted will face the loss of their right to vote, own or use any kind of firearm, and they may be barred from certain jobs. Holding certain positions of public trust or even obtaining housing and financial services could be an issue after becoming a felon. There are a lot of different possible penalties with a felony that must be seriously considered as soon as the charge is issued to reinforce the importance of building a strong felony drunk driving defense.
How a Lawyer Could HelpThe value of a local DUI lawyer when building a felony OWI defense is having somebody who understands the process, the players involved, and understands what it is like to fight these charges. They want to have somebody who is very familiar with the area, because these are very difficult charges to deal with. Making sure that you have an attorney and counselor who is there to help you if there is a substance abuse issue and who is there to help make sure that they have alternatives to try and avoid things like job loss, and to fight for you every step of the way. If you are in the process of building a Troy felony DUI defense, it may be wise to consult with a seasoned criminal defense attorney. Call today to get started.