Driving under the influence (DUI) charges can escalate to felony status depending on several factors, resulting in severe legal consequences. Understanding what defines a felony DUI, the implications of such charges, and effective defense strategies is crucial. At Simmons & Wagner, we specialize in providing robust defense services for those facing serious DUI allegations.
Let’s explore the complexities of felony DUI charges, outline proactive steps to take following an arrest, and explain how our experienced team can guide and defend you through this challenging process.
What Defines a Felony DUI?
A DUI charge is generally classified as a felony under certain circumstances, which can vary by state but typically include:
- Prior DUI Convictions: Multiple DUI offenses within a specific timeframe often elevate a charge to felony status.
- Severe Injury or Death: Causing an accident that results in serious injury or death while driving under the influence.
- Presence of Minors: Driving under the influence with minors in the vehicle can escalate a DUI to a felony.
- Extremely High Blood Alcohol Content (BAC): Exceeding a certain BAC level significantly above the legal limit can also warrant felony charges.
Immediate Steps to Take if Arrested or Accused
1. Remain Silent and Compliant
Upon arrest, it’s crucial to remain calm, comply with police instructions, but avoid discussing the incident or admitting guilt. You have the right to remain silent, and it is advisable to exercise this right until you can speak with an attorney.
2. Contact an Attorney Immediately
Early legal representation is critical in felony DUI cases. Contacting an experienced DUI defense attorney like those at Simmons & Wagner can significantly influence the outcome of your case. An attorney can navigate the legal system, advise on the best actions, and begin formulating a defense strategy.
3. Document Everything
Recall and document every detail surrounding the arrest and the events leading up to it. This information can be vital for your defense, including where you were, what you consumed, and the behavior of law enforcement during the arrest.
4. Avoid Discussing the Case
Do not discuss your case with anyone other than your attorney. Conversations about your case with others can be subpoenaed and potentially used against you in court.
How Simmons & Wagner Can Help
Strategic Defense Based on Thorough Investigation
Our defense strategy begins with a thorough investigation of your case. We review police reports, witness statements, and any available camera footage to identify any procedural errors or violations of your rights. Challenging the accuracy of BAC testing equipment and the validity of field sobriety tests often forms a cornerstone of our defense strategy.
Negotiating Plea Deals and Sentencing
When appropriate, we negotiate plea deals to reduce charges or sentencing. Our extensive experience with DUI cases allows us to evaluate when a plea deal offers a more favorable outcome than a trial. We are also skilled in negotiating for alternatives to incarceration, such as rehabilitation programs or community service, particularly for first-time offenders or those with mitigating circumstances.
Representation in Court
Our attorneys are seasoned litigators who are prepared to defend you aggressively in court. We craft compelling arguments that aim to cast doubt on the prosecution’s evidence and demonstrate our clients’ commitment to rehabilitation and responsible behavior.
Support Through License Suspension Hearings
A felony DUI often results in the suspension of your driving license. We represent you in administrative hearings to challenge license suspensions, aiming to restore your driving privileges or obtain a restricted license that allows you to drive under specific conditions.
Contact Simmons & Wagner Immediately
Facing felony DUI charges can be daunting, but you don’t have to face them alone. Simmons & Wagner are committed to providing aggressive legal representation to minimize the impact of these charges on your life. Contact us immediately if you or someone you know is facing felony DUI charges. The right defense can make a significant difference in preserving your freedom and future. Your best defense begins with our expertise.