Scranton Felony DUI Attorney
Under Pennsylvania statutes, most drunk driving offenses are considered misdemeanors. There are instances though, in which a DUI offense in Pennsylvania is considered a felony. A DUI can result in a felony charge if someone was injured or killed as a result of an accident due to a drunk driver.
A felony DUI is considered to be much more serious than a misdemeanor charge. Anyone arrested or charged with this crime needs to speak to a Scranton felony DUI lawyer as soon as possible. An attorney may be able to get the charges reduced to a misdemeanor, or successfully challenge the prosecution’s case in order to have it dismissed and all charges dropped.
In Pennsylvania, felony charges that associated with a DUI include: felony DUI with injury, aggravated assault while under the influence, and homicide while under the influence.
Felony DUI with Injury
Drivers with a blood alcohol concentration (BAC) higher than 0.08 percent may face a felony DUI with injury charge if they caused any injury while driving under the influence. Those injured can include anyone in a different vehicle than the intoxicated driver, or passengers in the same vehicle.
Under Pennsylvania law, the injuries do not even need to be very serious. In most cases the injuries are quite minor however, a driver is still charged with a felony DUI with injury. Individuals charged with a felony DUI with injury face up to six months in jail and higher fines if convicted.
Aggravated Assault While Under the Influence
When a driver is drunk and causes an accident that results in serious injuries, either to those in another vehicle or in the same vehicle, they may be charged with aggravated assault under the influence. Injuries considered serious enough to fall under this charge could include permanent disfigurement, an injury that leaves the victim with a long-term disability, or injuries that could result in death.
This is a more serious crime than a felony DUI with injury charge. Aggravated assault while under the influence is considered a second-degree felony. Individuals could face up to two years in jail and increased fines if convicted. Those charged with this crime are unlikely to get the charges reduced to a misdemeanor. However, a felony DUI lawyer in Scranton may be able to get the charges reduced to a felony DUI with injury charge.
Homicide While Under the Influence
Homicide while under the influence is the most serious felony DUI charge a person could face in Pennsylvania. A person may be charged with this crime if they cause an accident that results in a fatality while they are driving under the influence. This crime is considered a second-degree felony. If more than one death occurred, defendants could face a separate charge for each fatality.
As a second-degree felony, the penalties if convicted for this charge are harsh. They include up to ten years in prison and a maximum fine of $25,000.
Have a Scranton Felony DUI Lawyer on Your Side
Felony DUI charges are the most serious a person can face if they are charged with driving under the influence in Scranton. It is imperative that anyone charged with a felony DUI contact a felony DUI lawyer in Scranton as soon as possible.
If you are facing felony DUI charges, contact Ernest D. Preate, Jr., Esquire today at 570-558-5970. Attorney Preate will fight for your rights, and try to get the penalties for a felony DUI reduced as much as possible. In certain instances, the facts presented by the prosecution can be challenged so the charges may be dropped. A felony DUI charge is very serious, and you do not want to face this on your own. Call us today so we can start reviewing your case right away.