When Is DUI Considered A Felony?

Most DUI offenses are considered misdemeanors. However, if the situation is serious enough, drunk driving accusations can lead to felony charges in Nashville and the rest of Tennessee.

A Fourth DUI Results In A Felony Charge

In Tennessee, a first, second and third DUI within five years are all charged as misdemeanors. However, a fourth and consecutive DUI results in a Class E felony charge, which is punishable by 150 days to one year in prison.

A felony charge can also result when there are certain circumstances that make drunk driving more serious, including:

When a DUI driver causes serious injury to another person

Vehicular assault is considered a Class D felony and can result in two to 12 years in prison as well as license revocation for one to five years.

It is considered aggravated vehicular assault, which is a Class A felony, if the DUI driver has been convicted in the past of:

  • Two or more prior DUIs, vehicular assault, or any combination;
  • Vehicular homicide; or
  • One DUI or vehicular assault and the driver had a BAC level of .20 or greater.

When a DUI driver causes fatal injuries to another person

Vehicular homicide is considered a Class B felony and can result in license revocation for three to 10 years.

When a passenger under the age of 18 is injured or killed

Child endangerment is considered a Class D felony if the minor suffers serious injury, and two to 12 years in prison can result. If the minor is killed, it is considered a Class B felony and eight to 30 years in prison can result.

What To Do When Facing Felony DUI Charges

You will need to be represented by an aggressive criminal defense attorney in order to avoid the most serious consequences that can come along with felony DUI charges in Davidson County, Tennessee.

To put a lawyer with more than 28 years of criminal defense experience in your corner, please call the Law Offices of Thomas T. Overton at 615-953-8796 or complete this form to schedule your free consultation at my Nashville offices.