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Birmingham Felony DUI Lawyer

The way most people end up with a felony charge is based on having multiple prior convictions. If someone has two priors in their lifetime, then they are subject to a third offense operating while intoxicated, or OWI, the third offense OWI is a felony charge. It can also be found with a third-offense operating while visibly impaired, as well, or a third-offense of operating with a high blood alcohol content. If you have been arrested for DUIs in the past and currently face a felony DUI, consult a Birmingham felony DUI lawyer. Your determined and distinguished DUI lawyer can work tirelessly to build your case.

How Habitual DUIs Can Lead to a Felony DUI

Any drunk driving beyond the second offense is considered a third offense drunk driving. There is not a fourth or a fifth-offense, it is a third-offense and then, after that, they add the term habitual onto it, meaning that the person has had prior felony charges before. So, the third offense is a felony based on the number of priors that the person has. Even some priors, such as a minor with any BAC, or the zero-tolerance law, can count as a prior when it comes to a consideration for a felony offense.

It is very important to understand that if someone has more than one prior in the State of Michigan they can be charged with a felony drunk driving. Secondarily, it is important to know that it means ever. A long time ago in the states – and most states still have this – a person had to commit three offenses within a 10-year period. However, under Haley’s Law, that three-in-ten year period was removed and now it is simply three-in-a-lifetime.

Ways Laws Regarding Drunk Driving Have Changed

Many people who have one or two offenses back in the 1970s or 1980s, when drunk driving was treated as nothing more than a slap-on-the-wrist ticket, now face the strong possibility that they can be charged with a felony drunk driving if they are caught drunk driving today. This is very important for people to be aware of. Additionally, there are extenuating circumstances that could lead to a felony drunk driving conviction.

Role of Serious Bodily Injury in Felony DUI Charges

If someone hurts somebody else with a serious bodily injury or if someone dies, those are felony drunk driving charges, as well, even if it is only the first drunk driving. A drunk driving incident which results in a serious bodily injury to anybody would be a felony charge in which they could face prison time.

It is very important that people understand that if someone is seriously hurt that it could be a felony as well. Additionally, a second offense of having a child in the car, or child endangerment, while drunk driving can become a felony as well. A Birmingham felony DUI lawyer can work tirelessly in an attempt to mitigate the penalties that an individual may face.

Value of a Birmingham DUI Lawyer

If you face charges for a habitual DUI, it is important that you contact a Birmingham felony DUI lawyer because a felony charge often has a minimal period of 30-days jail time. Even if someone is able to avoid the one-to-five years in prison, they still face 30 to 360 days in jail and a minimal period of 480 hours of community service, which is an exceptional amount of community service to try to accomplish over what could possibly be a five-year probation or less. An experienced DUI attorney can attempt to mitigate the severity of the charges you face.