Some driving under the influence (DUI) charges arise because of technical violations. People fail breath tests during traffic stops or at checkpoints and end up arrested as a result. Other DUI arrests occur because one driver displays poor capabilities on the road or causes a crash.
Most DUI offenses begin with traffic stops. A DUI is one of the most common offenses prosecuted in Oklahoma, and they can involve people of all different backgrounds. Professionals, students and stay-at-home parents can all end up facing DUI charges.
Those accused of impaired driving are at risk of incarceration, financial penalties and the loss of their driving privileges. Many people expect the courts to be gentle with them in a DUI scenario, especially if they have not previously broken the law. People often assume that a DUI is a misdemeanor offense, but the law leaves much to the discretion of the prosecutor.
A DUI can be a felony offense
Frequently, prosecutors decide to pursue misdemeanor charges against those accused of impairment at the wheel. First-time DUI charges that do not involve an injury to others are usually misdemeanor offenses. However, the presence of aggravating factors can justify a prosecutor’s decision to pursue felony charges against a driver instead.
A prior DUI conviction is justification for a felony charge. In fact, state law allows prosecutors to pursue a felony DUI case against those who have deferred sentences that did not technically result in a DUI conviction.
If the DUI charge relates to a car wreck, the outcome of the incident determines how the state prosecutes the driver. If someone else sustained bodily injuries or if anyone died, felony charges are possible. The presence of minor children in the vehicle could also lead to felony charges instead of basic misdemeanor DUI charges.
Choosing to plead guilty to a felony DUI may result in major consequences for the defendant, including a lifelong felony criminal record. Understanding how prosecutors often approach DUI charges can be beneficial for those facing allegations of impairment at the wheel. Motorists can often fight against DUI charges, but they may need help developing a strategy that can help protect them from the worst potential outcomes.