When Does a Driving Under the Influence Result in a Felony Charge?

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Most DUI offenses result in misdemeanor charges. A misdemeanor is a relatively minor charge, defined by the maximum amount of time a person can spend in jail– usually about a year. A felony, on the other hand, is defined by the minimum amount of time a person can be sentenced to jail. Depending on the state in which the DUI occurred, DUI offenders can face up to one year in jail and receive fines of up to $1000, and penalties vary depending on the offender’s blood alcohol content (BAC) level, the number of previous offenses, and age.

In Rhode Island, the charges for first time DUI offenders can include:

  • A fine of $100-$300
  • 1-6 month suspension of driver’s license
  • Up to one year of jail time
  • 10 to 60 hours of community service
  • Enrollment in driving school or in alcohol treatment programs
  • Additional fees

Charges for second time DUI offenders within five years can include:

  • A fine of $400
  • Up to 2 years suspension of driver’s license
  • From 10 days up to 1 year in jail
  • Enrollment in driving or alcohol and drug treatment programs
  • Installation of an ignition interlock device in vehicle, to remain up to 2 years

There are two types of DUI cases under which a person will be charged with a felony in Rhode Island. They include receiving a DUI charge for the third time, or causing an accident that results in the injury or death of another party.

The penalties for a felony charge DUI can include:

  • A fine of up to $5000
  • 2 to 3 year suspension of driver’s license
  • From 1 to 5 years in jail
  • Enrollment in driving programs or alcohol and drug treatment programs
  • Installation of an ignition interlock device in vehicle, to remain up to 2 years

A DUI charge for an accident that resulted in the death of another person can include:

  • A fine of up to $10,000
  • 5 year license suspension
  • Up to 15 years in jail

A DUI offender with a BAC above 0.1 will harsher penalties. Also, offenders under the age of 21 face a different set of penalties, usually less strict than the ones listed above, and more focused on alcohol awareness, treatment programs, and community service rather than on incarceration.

The range of DUI penalties can be overwhelming and confusing. If you have been convicted of a DUI, the penalty you receive will be based on your particular situation. To learn more about DUI penalties and how they might be lessened, visit the website of Rhode Island DUI attorney James Powderly.

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