Is a Henderson DUI a Felony?
Many people who are arrested for a DUI in Henderson have never been arrested before. Doctors, lawyers, construction workers, and managers are all individuals who have received DUIs, and these are not what many would consider criminals (well, maybe the lawyers). Many people do not know the difference between a misdemeanor and a felony. This article can help. Here, we will talk about when a Henderson DUI is a felony and when it is not.
When a Henderson DUI is not a felony
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.
A DUI First offense makes up the majority of DUIs in Henderson. Often, somebody makes a mistake and drives when they should not have. For most people, a DUI First will be the only time they ever interact with the justice system. However, there is also the DUI Second Offense. A DUI Second offense has the same elements as a DUI First Offense and includes a prior DUI within the past seven years.
To sum up, a DUI in Henderson is not a felony when it is a DUI First Offense or a DUI Second Offense.
When a Henderson DUI is a Felony
A DUI is a felony in Henderson when it is one of the following charges:
- DUI Third Offense: A DUI Third Offense means somebody got a DUI for the third time in seven years. The other two DUIs must be provided at sentencing for the DUI Third to be valid.
- DUI Resulting in Substantial Bodily Harm or Death: A Henderson DUI resulting in Substantial Bodily Harm or Death occurs when a DUI and an accident causes substantial bodily harm or death.
- DUI Subsequent Offense: A Henderson DUI subsequent offense occurs when somebody has already had their DUI Third Offense and gets another DUI. THERE IS NO TIME LIMIT! As we often say, once a felony DUI, always a felony DUI. This includes if the first DUI was a DUI resulting in substantial bodily harm or death!
- DUI Vehicular Homicide: A Henderson DUI Vehicular Homicide is charged when there is a DUI, AND there has been ANY previous DUI felony.
These four Henderson DUI charges are not only felonies but are mandatory time in prison. This means that they are not probational.
How Do I Know if my Henderson DUI is a Felony or a Misdemeanor?
If you are asking yourself whether your Henderson DUI is a felony, then it more than likely is not. A DUI Third Offense, DUI Subsequent Offense, and DUI Vehicular Homicide necessarily requires that you already know about your past DUIs. A DUI resulting in substantial bodily harm or death is often made clear to the driver while still on the scene.
When they get a DUI in Henderson, some people do not remember what happened and often "wake up" in jail. In that situation, the booking sheet that you are given when you are taken to jail will inform you of your charge. A person charged with a DUI first offense and a DUI second offense in Henderson is generally released within twelve hours from jail. A felony DUI often comes before a judge before being released. A judge WILL inform you of your charges.
To recap: A Henderson that is a DUI would be: DUI 3rd Offense, DUI Resulting in Substantial Bodily Harm, DUI Subsequent Offense, and DUI Vehicular Homicide. A Henderson DUI that is a misdemeanor would be DUI First Offense and DUI Second Offense.
Do I Need a DUI Attorney for a Henderson DUI?
The short answer is yes. You should seek a qualified DUI Attorney such as Charles Goodwin if you get a DUI in Henderson. The long answer is probably. First, DUIs are complex. They require specialized knowledge that attorneys who do not study DUI science will know to look at. Things such as the methodology for the Standardized Field Sobriety Tests, how to check blood alcohol levels for the blood or breath tests, and whether there was even a justification for a stop in the first place. Second, some lawyers will not do DUI hearings for their clients. This is because they are not familiar with the procedure or the science behind a DUI enough to justify it. Finally, DUI attorneys know the law and the cases well enough to not get you into MORE trouble. If there is no viable path to victory, continuing to fight can oftentimes lead to disaster for a client who could be looking at MORE jail time because their attorney didn't know the science and the law well enough to warn their client.
A Henderson DUI Attorney such as Charles Goodwin knows the science, will do your DMV appeal and knows when you should fight. If you were arrested for a DUI in Henderson, call 702 472 9594 today and speak with a qualified DUI attorney.