Is a DUI a Misdemeanor or Felony in Pennsylvania?

The average drunk driving offense is a misdemeanor, not a felony, under PA law. Examples of misdemeanor drunk driving offenses include most first-time offenses and most offenses in which no one dies or suffers serious bodily harm. However, DUI is a felony in certain situations, which often involve serious injuries, multiple offenses, or both.

How Many DUIs Constitute a Felony in PA?

A fourth DUI violation, or a DUI charge that occurs when you have already had three or more prior offenses in the past 10 years, is a felony under statute 75 Pa.C.S. Section 3803 of Pennsylvania law. However, it’s also possible to be charged with a felony even if you don’t already have three prior offenses, if other criteria are met. For example, refusing a breathalyzer test can constitute a felony if you have two prior offenses (although the charges are more severe with three or more prior offenses). Similarly, two prior offenses are sufficient to elevate the crime of a DUI with a minor occupant in the vehicle to a felony charge. Just one prior offense, if that offense is a homicide by vehicle while driving under the influence conviction, is necessary to be charged with a felony for a subsequent DUI, even if no one got injured this time. Both homicide by vehicle while driving under the influence charges and aggravated assault by vehicle while driving under the influence charges can constitute felonies even if you have no prior offenses.

What’s the Difference Between Misdemeanor and Felony DUI Charges?

The most important distinction between misdemeanor DUI vs. felony DUI is severity of the charge. Even the lowest level of felony charges (third degree) is more serious, and carries harsher consequences, than the highest level of misdemeanor charges (first degree). For example, the maximum penalty you could face for a first-degree misdemeanor DUI charge in PA is five years of imprisonment. A first-degree misdemeanor charge generally only applies in situations with a high or the highest rate of alcohol and at least one prior offense. Some misdemeanor DUI charges require as little as 48 to 72 hours in jail or no jail time at all. Yet even with the lowest-level felony charge, you could go to prison for up to seven years. You might spend up to a decade in prison if charged with a second-degree felony offense or even longer if convicted of first-degree felony charges.

Luzerne County Felony DUI Lawyer | Felony Drunk Driving Defense Attorney Kingston, PA

Felony Drunk Driving Defense Attorney in Kingston, PA, Assists Clients Facing Felony DUI Charges in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania

If you’re facing felony driving under the influence (DUI) charges, you need quality legal representation immediately. The consequences of a felony conviction are particularly harsh, even compared to the penalties for less severe DUI offenses. A Luzerne County felony DUI lawyer at Muckler Law, LLC, can defend you against the charges you’re facing and their life-changing consequences.

Your best hope for minimizing the effects of this criminal matter and pursuing a positive outcome is a strong legal defense. Contact us today for a free consultation.

570-908-4069

Get Help Today. Tell Us Your Story

What Is a Felony DUI Charge in Luzerne County, Pennsylvania?

Felony charges for drunk driving are particularly serious criminal charges. A felony DUI is more severe than driving under the influence charges in general, which usually constitute less serious misdemeanors.

Being charged with a DUI felony means that, if convicted of the crime, you could be facing some of the most serious sentences on the books in Luzerne County and elsewhere in PA.

For a DUI felony charge, the offense of which you’re accused must meet the legal definition of driving under the influence as well as additional criteria that constitute felony offenses.

Statute 75 Pa.C.S. Section 3802 of Pennsylvania law establishes the offense of driving under the influence of alcohol or a controlled substance. Under this law, you could be charged with DUI if you are operating or physically controlling a vehicle and any of the following is true:

The alcohol concentration in your breath or blood measures 0.08% or higher within two hours of having operated a vehicle
The alcohol you consumed was sufficient to make you unable to safely drive or control the movements of the vehicle, even if the alcohol concentration in your breath or blood is below 0.08%
You have any amount of a Schedule I controlled substance in your blood
You have a Schedule II or Schedule III controlled substance that has not been prescribed to you in your blood
The (legal or illegal) drug, combination of drugs, or combination of alcohol and drugs you consumed impairs your ability to drive safely

Generally, felony DUI charges involve one or more elements like the following:

Multiple DUI offenses
Exceptionally high rates of alcohol concentration in the breath or blood
Use of controlled substances
Breath test refusal
Drunk driving accidents, especially if they cause someone serious bodily harm

If you’re facing DUI charges with harsh potential penalties, your next step should be to hire a knowledgeable felony drunk driving defense attorney in Kingston, PA.

Areas Our Luzerne County Felony DUI Lawyer Serves

Muckler Law, LLC, is known throughout Luzerne County and the neighboring counties for providing skilled legal services. Founder and lead attorney Matthew T. Muckler approaches cases like yours not only from the perspective of a Pennsylvania DUI lawyer but also from the insights of a former Luzerne County Assistant District Attorney.

Our team represents clients in areas like the following:

Wilkes-Barre
Hazleton
Nanticoke
Pittston
Kingston
Hanover Township
Plains Township
Butler Township
Dallas Township
Hazle Township
All of Luzerne County
Columbia County
Lackawanna County

If you have been charged with criminal DUI at the felony level in Northeastern Pennsylvania, we can help by developing a robust defense strategy for you.

When Is a DUI a Felony in PA?

Although serious, drunk driving isn't a felony in all situations under PA law. DUI is a felony offense in Pennsylvania when certain conditions are met.

Generally, felony DUI charges in Luzerne County and throughout Pennsylvania involve multiple driving under the influence offenses, serious bodily injuries or fatalities, or a combination of these two elements.

The following are examples of felony DUI charges under Pennsylvania law.

Fourth or Subsequent DUI Offenses

Under statute 75 Pa.C.S. Section 3803 of Pennsylvania law, a DUI violation when you already have at least three prior offenses constitutes a third-degree felony.

Deadly DUI Collisions

Although multiple prior offenses often contribute to DUI felony charges, statute 75 Pa.C.S. Section 3803 also permits a person to be charged with a third-degree felony with only one prior offense, if that offense constituted a homicide by vehicle while driving under the influence charge.

The crime of homicide by vehicle while driving under the influence is a felony in its own right. Homicide by vehicle while driving under the influence may be charged as a second-degree or first-degree felony under statute 75 Pa.C.S. Section 3735 of Pennsylvania law.

Breathalyzer Test Refusal With Prior DUI Offenses

Also provided for under statute 75 Pa.C.S. Section 3803 are felony charges for refusing a breath or chemical test with prior offenses of driving under the influence.

With two prior offenses on your record, a refusal to take a breath test could get you charged with a third-degree felony this time around. If you have three or more prior offenses, refusing a breathalyzer this time could result in more severe second-degree charges.

DUI With a Minor in the Vehicle and Prior Offenses

The consequences of driving under the influence with a minor occupant in the vehicle are more severe, especially if you have a history of drunk or drugged driving. If you have two or more prior DUI offenses, you could be facing a third-degree felony.

Aggravated Assault by Auto While Driving Under the Influence

Causing serious injuries to someone while driving drunk could lead to second-degree felony charges of aggravated assault by vehicle while driving under the influence, under statute 75 Pa.C.S. Section 3735.1.

Felony drunk driving charges are complex matters. Your best option for moving forward is to retain a seasoned Luzerne County felony DUI lawyer to represent you and prepare your defense strategy.

Felony DUI Jail Time

Drunk driving felony charges put you at risk of sentences that encompass considerable jail time. While some misdemeanor DUI charges might send you to jail for a matter of days or months, felony DUI charges could put you behind bars for much longer.

Under statute 101 Pa. Code Section 15.66 of the Pennsylvania Code, third-degree felonies can result in up to seven years of imprisonment. For a second-degree felony, you could face up to 10 years in jail.

The potential prison term for a first-degree felony under PA law exceeds 10 years. The only first-degree felony DUI sentence currently on the books in Pennsylvania is homicide by vehicle while driving under the influence. Depending on which degree (second or first) you have been charged with, the penalties for homicide by vehicle while driving under the influence amount to either a minimum of three or five years, plus an additional three or five years for each victim who died due to the drunk driving accident.

Depending on the circumstances, a drunk driving felony could send you to jail for more than a decade. Putting your claim in the hands of a skilled felony drunk driving defense attorney in Kingston, PA, offers you options for pursuing a more favorable outcome.

How Can a Luzerne County Felony DUI Lawyer Defend Against Serious Charges?

Although the felony DUI penalties are serious, the most severe sentences aren’t inevitable. A Luzerne County felony DUI lawyer can evaluate your case from all angles and explore all potential paths for getting charges dropped or downgraded, putting up a compelling defense argument at trial, or advocating for lesser sentences.

Contact a Luzerne County Felony DUI Lawyer at Muckler Law, LLC, Today for a Free Consultation

Attempting to defend against the felony DUI charges you’re facing without a seasoned attorney for drunk driving offenses will only add to your stress during this difficult, scary time. Hiring an experienced DUI lawyer means having an advocate on your side, someone to turn to for answers to your questions and help developing a sound legal strategy to defend against these charges.

For help from a felony DUI lawyer in Kingston, PA, contact Muckler Law, LLC, online or call 570-908-4069 today.

Luzerne County Felony DUI Lawyer