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Birmingham Felony DUI Lawyer

The way most people end up with a felony charge is based on having multiple prior convictions. If someone has two priors in their lifetime, then they are subject to a third offense operating while intoxicated, or OWI, the third offense OWI is a felony charge. It can also be found with a third-offense operating while visibly impaired, as well, or a third-offense of operating with a high blood alcohol content. If you have been arrested for DUIs in the past and currently face a felony DUI, consult a Birmingham felony DUI lawyer. Your determined and distinguished DUI lawyer can work tirelessly to build your case.

How Habitual DUIs Can Lead to a Felony DUI

Any drunk driving beyond the second offense is considered a third offense drunk driving. There is not a fourth or a fifth-offense, it is a third-offense and then, after that, they add the term habitual onto it, meaning that the person has had prior felony charges before. So, the third offense is a felony based on the number of priors that the person has. Even some priors, such as a minor with any BAC, or the zero-tolerance law, can count as a prior when it comes to a consideration for a felony offense.

It is very important to understand that if someone has more than one prior in the State of Michigan they can be charged with a felony drunk driving. Secondarily, it is important to know that it means ever. A long time ago in the states – and most states still have this – a person had to commit three offenses within a 10-year period. However, under Haley’s Law, that three-in-ten year period was removed and now it is simply three-in-a-lifetime.

Ways Laws Regarding Drunk Driving Have Changed

Many people who have one or two offenses back in the 1970s or 1980s, when drunk driving was treated as nothing more than a slap-on-the-wrist ticket, now face the strong possibility that they can be charged with a felony drunk driving if they are caught drunk driving today. This is very important for people to be aware of. Additionally, there are extenuating circumstances that could lead to a felony drunk driving conviction.

Role of Serious Bodily Injury in Felony DUI Charges

If someone hurts somebody else with a serious bodily injury or if someone dies, those are felony drunk driving charges, as well, even if it is only the first drunk driving. A drunk driving incident which results in a serious bodily injury to anybody would be a felony charge in which they could face prison time.

It is very important that people understand that if someone is seriously hurt that it could be a felony as well. Additionally, a second offense of having a child in the car, or child endangerment, while drunk driving can become a felony as well. A Birmingham felony DUI lawyer can work tirelessly in an attempt to mitigate the penalties that an individual may face.

Value of a Birmingham DUI Lawyer

If you face charges for a habitual DUI, it is important that you contact a Birmingham felony DUI lawyer because a felony charge often has a minimal period of 30-days jail time. Even if someone is able to avoid the one-to-five years in prison, they still face 30 to 360 days in jail and a minimal period of 480 hours of community service, which is an exceptional amount of community service to try to accomplish over what could possibly be a five-year probation or less. An experienced DUI attorney can attempt to mitigate the severity of the charges you face.

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.