People accused of driving while intoxicated (DWI) offenses may not understand the severity of the allegations they’re facing. Most DWI charges result from targeted enforcement. People fail tests during traffic stops and then end up accused of breaking the law. They may view the allegations against them as victimless crimes. Particularly in scenarios where the person accused is an otherwise responsible adult with no significant criminal record, they may expect the courts to treat their case as a minor matter. However, some DWI defendants end up facing felony charges rather than the basic misdemeanor charges they expect.
State statutes do allow for enhanced charges in certain cases. When can a DWI potentially be treated as a felony offense?
When a driver has repeat offenses
The recidivism or reoffending rate for DWI charges is relatively high. Alcohol abuse is a common issue, and it is common for those with substance abuse issues to end up arrested for their choices. Many people arrested once for a DWI are at risk of getting arrested again for the same offense.
The penalties increase with each subsequent charge. If a driver has two prior DWI convictions or more on their record, the prosecutor can bring a felony DWI charge against them. Even without any other aggravating factors present, a history of DWI offenses can be enough to warrant felony charges.
When the offense affects others
The other scenarios in which DWI allegations lead to felony charges typically involve other people. If a driver accused of a DWI has a minor passenger in the vehicle, they could be at risk of felony charges. Impaired drivers transporting people 14 years old or younger are at risk of felony charges because their conduct technically constitutes child endangerment.
Even those driving alone could face felony charges if they cause crashes. The state authorizes felony prosecution in cases involving drunk drivers who cause injury or death. Felony DWI charges typically carry harsher penalties. The criminal record associated with such charges is also likely to cause more complications than a misdemeanor criminal record might.
Those accused of felony DWI offenses may need help developing a criminal defense strategy. Fighting back against DWI allegations can help people to work towards protecting their reputations and avoiding potentially life-altering criminal consequences.