My approach to the practice of law is simple:
Your case will be as important to me as it is to you.
A DUI cannot be filed as a felony unless:
  • there are three prior DUI convictions in the lifetime of the driver (the 4th DUI);
  • it involves a crash with death or serious bodily injury;
  • there are two prior DUI convictions with one being within the last ten (10) years (the 3rd DUI within 10 years)

Penalties for a DUI conviction become enhanced if any of the following aggravating factors can be proven beyond all reasonable doubt:
  • a crash with property damage or non-serious personal injury;
  • a BAC reading at .15 or above;
  • a third DUI outside of ten (10) years of any prior DUI;
  • a second DUI within five (5) years of a prior DUI; or
  • a child passenger under the age of 18 years old.

Is Driving Under the Influence (DUI) a Misdemeanor or a Felony?