When looking at an arrest record, it can be difficult to tell whether a DUI is a misdemeanor or a felony. While there are some “legitimate reasons” why a DUI should be considered a felony, there are many reasons why it should not be considered a felony.
If a DUI is considered a misdemeanor, as stated above, it will be not be charged as a felony. In many states, misdemeanors do not have to have a jail sentence.
The courts have not been kind to repeat offenders. A DUI as a misdemeanor could be treated as a Class D felony, which means a longer sentence.
The courts have also been reluctant to give too much leniency to a defendant who is not in proper reasons to be convicted of a felony. There have been an increasing number of felony DUI convictions and it can be very tough to argue that a DUI as a felony was due to intent.
How can you know whether a DUI is a misdemeanor or a felony? A qualified criminal attorney can explain to you the case law that explains this. He or she will also be able to show you how the Florida DMV handles the classification of the offense.
While some jurisdictions have found the balance between avoiding jail time and providing indeterminate sentences, the courts have not found much success. Florida is not alone in this process. There are several other states that have tried to resolve this issue.
If you think you are in legal jeopardy when you are accused of DUI and cannot figure out the proper reasons to pass the charge on to a court as a misdemeanor or felony, then you should consult with a lawyer. In many jurisdictions in the US, it is a misdemeanor to drive with a suspended license or an open warrant. You will not be charged with a felony, unless you are under a substantial amount of influence.
If a jury is not able to reach a verdict, the court must decide the issue. This is another example of the laws and courts being rather vague.
Even though you may have received a “second chance” after your first conviction, you should not count on getting another chance. Florida is not a system that will allow anyone to always have a second chance.
Many people who have been convicted of DUI as a misdemeanor have been able to avoid jail time because they have not had a blood alcohol content of over two drinks per ten thousand to be guilty of the offense. Even though the laws were changed for the better by the Department of Highway Safety and Motor Vehicles, there are still some people who cannot escape from a conviction as a DUI as a misdemeanor.
If you think that your DUI as a misdemeanor conviction is a felony, then you should call an experienced Florida DUI attorney. They will be able to show you why your case is a felony. If you do not have one, consider hiring one that has some experience.