A felony driving under the influence (DUI) offense could have severe consequences, including jail time. Those who have been charged should seek help from an experienced attorney. A criminal defense lawyer needs to be prepared for aggressive prosecution because of the enhanced penalties and repeated conduct. If necessary, they would prepare stronger exhibits and arguments at sentencing because as a felony, there would be larger maximum penalties. Beyond the minimum, the maximum penalty could go up, and the prosecutor and the judge have more ability to give an enhanced penalty.
If you have been charged with a felony DUI offense, you should not try to fight the charges alone. A Montgomery County felony DUI lawyer could help your case. The DUI lawyer could investigate the incident, speak to witnesses, and collect evidence to prepare a defense. Let a skilled legal professional handle the legal aspects of your case.
DUI charges could be elevated to a felony in several ways. It depends on if there is injury or an allegation of injury to someone based on the DUI. That would be aggravated assault by DUI or manslaughter by DUI. Those would both be felony charges which would raise the DUI beyond the misdemeanor level.
Additionally, based on a new law, if it is a third conviction for DUI within ten years and the BAC is 0.16 or higher, the district attorneys could choose to prosecute that as a felony. For fourth-offense DUIs, the district attorneys could choose to prosecute those as a felony.
Some of the first steps an attorney should take in preparing for felony DUI case, especially if it is an aggravated assault by DUI felony charge, is preparing for a live witness, who will testify that the defendant was driving under the influence. These are things that the police officers usually only would be testifying about, but attorneys would have to be prepared for multiple witnesses. Additionally, those witnesses may have medical documentation or injury testimony that needs to be evaluated and cross-examined.
A seasoned Montgomery County felony driving under the influence attorney could conduct their own investigation and fight against the allegations.
The penalties associated with a felony DUI in Montgomery County vary based on the charge. If an individual is charged with a third-degree felony offense, they are facing a maximum penalty of seven years in prison. It would be higher than the misdemeanor, which is one to five years, of a normal third-offense DUI. For a second-degree felony offense, such as aggravated assault by DUI, the maximum penalty would be ten years. That is much higher than the misdemeanor maximum penalty of five years that would normally be applied. It is best to speak to a Montgomery County felony DUI lawyer to learn about the various penalties and how to mitigate the consequences of a conviction.
The value of a locally-experienced defense lawyer when charged with felony DUI is knowing what to expect when going to court, how to handle these cases and the different strategies that the prosecution might use. Additionally, the value in a DUI attorney is their experience in handling cases in this jurisdiction and knowing the local rules that would apply.
You do not need to handle the legal aspects of your case alone. Let a knowledgeable Montgomery County felony DUI lawyer help. Call today to schedule a consultation.