A DUI arrest doesn’t always mean a felony charge—but under the wrong circumstances, it can. If you have multiple DUI convictions, caused an accident, or were driving on a suspended license, your case could be treated much more seriously.
Felony DUI charges come with severe consequences, from lengthy prison sentences to permanent restrictions on your future. However, many DUI cases involve legal issues that can be challenged—such as unreliable field sobriety tests or procedural mistakes by the arresting officer.
If you’re facing felony DUI charges, having a strong defense is essential. A skilled Greensboro, North Carolina DUI lawyer can review your case, protect your rights, and work to reduce the charges against you. Contact Schlosser & Pritchett today to discuss your options.
Prior DUI Convictions
One of the most common ways a DUI becomes a felony is through repeat offenses. If you have previous DUI convictions, the stakes are much higher. Many states have what’s known as a “look-back period,” meaning they consider DUIs from the past 5, 7, or even 10 years when determining whether a new charge should be classified as a felony.
For example, in North Carolina, a fourth DUI within 10 years is automatically a felony. Courts view repeat offenses as a sign that the driver is a habitual offender, leading to harsher penalties, including mandatory prison time.
DUI Involving Injury or Death
If a DUI leads to an accident that causes serious injury or death, the charges escalate. In these cases, prosecutors often pursue felony charges under vehicular assault or vehicular manslaughter laws.
The consequences are life-changing. A conviction can mean years in prison, enormous fines, and a permanent criminal record that affects employment, housing, and even personal relationships.
Driving with a Suspended or Revoked License
A DUI charge becomes much worse if you were driving with a suspended or revoked license—especially if that suspension was due to a previous DUI. Prosecutors often treat this as a blatant disregard for the law, making it more likely that you’ll face felony charges.
This situation can spiral out of control quickly. A felony DUI with a suspended license could mean:
- Additional license suspension for years
- Longer jail time
- Increased fines and court costs
High Blood Alcohol Concentration (BAC) or Aggravating Factors
In many states, the legal limit for blood alcohol concentration (BAC) is 0.08%. However, if your BAC is significantly higher—often 0.15% or above—you could face felony charges. Courts view extremely high BAC levels as a sign of reckless behavior, increasing the likelihood of severe penalties. But that’s not the only aggravating factor that can elevate a DUI to a felony. Others include:
- Reckless driving – Excessive speeding, weaving through traffic, or driving aggressively while under the influence.
- Fleeing from law enforcement – Attempting to evade police after being signaled to stop.
- Property damage – Causing significant damage in an accident while intoxicated.
DUI with a Minor in the Vehicle
Driving under the influence is already serious, but doing so with a child in the car makes things much worse. Most states treat DUI with a minor passenger as a felony, even if it’s a first offense.
Protect Your Future with a Greensboro, NC Criminal Defense Lawyer
A felony DUI charge isn’t something you should take lightly. The penalties are steep, but that doesn’t mean your case is hopeless. At Schlosser & Pritchett, we don’t just take what the prosecution says at face value. We dig deeper. Were the sobriety tests conducted properly? Was there probable cause for the stop? Were your rights violated during the arrest? These questions can change the course of your case.
The legal system is stacked against you unless someone is fighting in your corner. That’s where we come in. We know North Carolina DUI laws and how to challenge weak evidence and build a defense that gives you the best chance at a favorable outcome. Get in touch with us at (336) 292-4076 or connect with us through our secure online form to discuss your case.