Misdemeanor: A first offense DUI is a Class A misdemeanor punishable by a maximum of 11 months and 29 days in the county jail, a minimum punishment of 48 hours in jail (7 days in jail if BAC is above a .20), and a minimum fine of $350.
Felony: However, a DUI may become a felony under multiple scenarios.
DUI Fourth (4th) Offense: A Class E felony, if you were charged with DUI within the previous ten (10) years of your most recent DUI, the State can enhance your DUI from a 1st offense. Additionally, the State can go back an additional ten (10) years from the date of your most recent previous DUI to enhance your DUI further. Police often times overcharge individuals because they mess up the law on enhancing a DUI so it is essential that your lawyer reviews your criminal history to ensure you are not being overcharged based on the timeline of your previous DUI offenses.
Vehicular Assault: if someone was injured because of a DUI accident then you may be charged with a Class D felony vehicular assault charge, punishable by . Sometimes you may be arrested for DUI then the charge may be enhanced to vehicular assault due to a “serious bodily injury” being determined at a later date. At Barnes & Fersten, we have successfully prevented clients from charges being enhanced to a felony vehicular assault on numerous occasions through negotiations by convincing the prosecutor that the injury does not constitute a “serious bodily injury” and resolving the case in General Sessions Court before the charge was enhanced to a vehicular assault.
Reckless Endangerment: Depending on the circumstances of your driving, you may be charged with reckless endangerment as either as Class A misdemeanor or it may be charged as a Class E felony.