Drivers accused of operating vehicles after consuming too much alcohol may face operating while intoxicated (OWI) charges. Most of the time, people facing OWI charges expect the state to bring misdemeanor criminal charges against them.
However, there are certain circumstances in which prosecutors can justify felony charges in an OWI scenario. The three situations below could lead to felony drunk driving accusations.
1. Repeat offenses
Individuals who have prior OWI convictions are at risk of felony charges. Anyone facing a second or subsequent charge within seven years of their most recent OWI conviction could face felony charges instead of misdemeanor charges.
2. Drunk driving with minors in the vehicle
If the motorist accused of an OWI is old enough to legally drink, they may face enhanced charges for transporting passengers under the age of 18. Felony charges are possible if legal adults have underage passengers in their vehicles when they get arrested for OWI offenses.
3. Injuring others
Impaired drivers could cause crashes that put other people in the hospital or worse. State prosecutors can pursue felony charges in scenarios where a driver accused of an OWI offense caused a crash that injured other people.
Regardless of whether a motorist faces a misdemeanor or felony OWI charge, they may need assistance responding to those allegations in court. Felony accusations carry more serious penalties and make a defense more important for the long-term financial and legal recovery of the motorist accused of impairment at the wheel.
Reviewing an OWI case with a criminal defense attorney can help drivers fight their pending charges.
