Is A DWI A Felony

Is A DWI A Felony

Is a driving while intoxicated a felony? The answer is that it may be a misdemeanor or a felony.

While laws are different in each state, every state has adopted DWI laws whereby the more times that a person is found guilty of driving while intoxicated, the greater the penalty.

In most states, the penalty for a first time DWI is a fine and possibly a short jail time of several days. And generally, the jail time is suspended and replace with community service.

Many states have a pretrial intervention program for first time offenders. In pretrial intervention, a person may be required to do certain things such as taking a class, going to counseling, or participating in community service. It is called pretrial because it occurs before a person is prosecuted. There is not a trial and the person does not have a conviction on his/her record.

For second, third, fourth, and fifth DWI's, the penalties keep increasing. The fines get larger and the jail times get longer.

Misdemeanors have smaller fines and either no jail time or short jail time. A felony has a much larger fine and longer jail time. Each state has it's own definition of misdemeanor and felony. The difference between the two is normally the length of jail time that a person may be ordered to serve. For example, a crime with a possible sentence of less than one year may be a misdemeanor whereas a felony would be a crime where the possible jail time is one year or more.

It is not unusual for a second DWI to be a misdemeanor, but a third, fourth, or fifth DWI is very serious and is generally a felony.

It is a good idea for persons stopped for and charged with driving while intoxicated to talk with a DWI attorney. First time offenders can find out from a DWI lawyer if they may have the opportunity for a reduced penalty for driving while intoxicated. Multiple time offenders need to be represented by a DWI attorney because they face jail time if found guilty of driving while intoxicated.

The bottom line is that a DWI lawyer will normally obtain a better result for a person charged with driving while intoxicated than the person would obtain by himself or herself.

The above is general information only. If you have any questions about DWI or driving while intoxicated, talk with a DWI attorney licensed in your state.

Stop! Wouldn't you like to know more about driving while intoxicated, how it is proved, its' consequences, and penalties. Get more information here on DWI - Driving While Intoxicated. And click here for more insights on Consequences Of Driving While Intoxicated.

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