A felony DUI is unlike other forms because it is intended for those who have caused harm to another person due to their negligence. If you’re in a situation where you were driving while intoxicated and hit a vehicle or a pedestrian, you could be facing this charge. A felony DUI has harsher penalties than a misdemeanor, and that means you could have to spend time in prison or have high fines and costs to pay.
It can be hard to hear that the Breathalyzer came up positive when you don’t feel that you were intoxicated, which is why you may want to question its efficacy. Your attorney can help you devise a defense that will work to protect you, especially if your alleged intoxication level was at .08 percent or near to it. Every state has a set limit of .08 percent, and it will be assumed that you were intoxicated if the reading comes up above that amount.
There are things that can affect the reading, though. For example, if you recently used mouthwash or burped at the time of the reading, it could come up higher than it would have otherwise. This could make it appear like you were intoxicated when you really were not. If you can prove that you were not intoxicated or have that evidence removed, the charges against you may be dropped or altered.
If your BAC comes back as .16 or higher, it’s likely that you will immediately be charged with a felony DUI regardless of whether someone got hurt. Your attorney can help you defend yourself in this case; if some evidence can be suppressed or disproved, you may be able to get the charge against you altered.
Source: FindLaw, “Felony DUI,” accessed Dec. 15, 2016