Local Rehab Explores If DUIs Are Felonies

Lexington, KY – Altruism Counseling recently published a blog that explores whether DUIs are felonies or not. They offer the most affordable DUI classes in the state of Kentucky that are approved by the court system.

“Not all DUIs fall into this category. In fact, for most cases, a DUI will instead be classified as a misdemeanor. Misdemeanors are still criminal offenses, but these result in fewer penalties, fines, and overall consequences. Felonies, on the other hand, are more serious charges, and the consequences can also be more severe.

The first thing that can lead to your DUI being classified as a felony is the existence of prior DUI convictions. When charged with a DUI, your past legal history and convictions will be taken into account. This will depend heavily on the location of the prior convictions, their severity, and how much time has passed between them.

The more frequent the convictions, and the more recent, the more likely it is that your current DUI will be considered a felony. In Connecticut for example, a second DUI within a decade can result in a felony charge. Kentucky has a slightly more lenient approach than most – on the 4th DUI in a 10-year period, it is automatically considered a felony,” the blog states.

Another situation that will result in a DUI being upgraded to a felony is causing bodily harm or injury. Depending on the severity of the injury or if death occurred, the DUI will most likely be a felony. The DUI can also be an aggravated DUI, which can result in higher costs and fines as well as increased prison time.

The national legal limit for alcohol use and driving is a blood alcohol concentration of .08%. In some states, having a level of .15% or higher can result in the DUI becoming a felony. Fines may also be increased and harsher sentencing can occur. There is the possibility of receiving more felony charges such as reckless endangerment.

“While the specific laws on this vary from state to state, you have a Fourth Amendment right to refuse a field breath or sobriety test. However, this can come with significant downsides.

In many states, this refusal results in additional penalties if a DUI conviction is eventually obtained, and your license will be suspended for the length of time as if you were convicted. Importantly, you are required to comply in the event a warrant is obtained for a blood test for alcohol. Refusal to do so can result in felony obstruction of justice charges,” the article continues.

When convicted of a felony DUI in Kentucky, there are immediate and serious legal ramifications. Prison time can fall between 1-5 years and a minimum of 120 days with probation. Any aggravating circumstances, such as injury, speeding, or endangerment, will generally double this sentence. This comes with a 60-month license suspension and a year of alcohol or addiction treatment. Hefty fines can be applied, especially if damage has occurred.

In Kentucky, a felony DUI can stay on a criminal record for a long time, with at least 10 years passing before it can be expunged. In the meantime, this can have a serious impact on many areas of life. Many employers or landlords run background checks, and having a felony DUI can make finding work or housing difficult. Insurance rates can increase, as many companies consider those with DUI convictions at higher risk for negative behavior.

Altruism Counseling understands that DUIs happen. Their program is court-compliant and will satisfy the requirements set by the judge. DUI classes are flexible and affordable and suit a variety of needs. They also offer anger management classes and other therapies to help with addiction treatment.

To learn more about Altruism Counseling, call 859-310-6505 or visit their website.