If you are charged with a DUI, you might find yourself fighting back against a wobbler charge. Wobblers are crimes that sit on the cusp of felony and misdemeanor, meaning you don't necessarily know which you are being charged with until the prosecutor makes a decision based on any extenuating circumstances. If your case might be a wobbler, you need to keep reading.
What Is a Wobbler DUI?
A wobbling charge can be a misdemeanor or a felony, and it impacts the consequences you face if you are found guilty. The circumstances are not always cut and dry about what kind of fate you can expect from a wobbler, so it is always wise to discuss your options with an attorney.
Felony DUI could be the result of repeat convictions or particularly egregious cases. For example, you may be charged with a felony if you caused an accident while driving that killed somebody. A DUI can become a felony also if the driver has a BAC considered especially high. If the individual is not charged with a felony, they could instead face additional charges associated with their BAC.
What Are Punishments for DUIs?
If you are convicted of a misdemeanor, you may face monetary fines, restrictions on your driving, and up to one year in jail. Some states allow second and third DUIs to pass as misdemeanors, but felonies become more common when you have several DUIs on your record.
If you receive a felony DUI, the state may require you have an ignition interlock device installed in your car. The ignition interlock device requires that you breathe into it before you can drive your vehicle. The goal is to ensure that you are sober when you start your car.
Additionally, you may not be able to have a felony DUI expunged from your record. Years after a crime has been put on their record, many people seek expungement as a way to erase it from their history. You need to look into your state's requirements to determine if you can have a felony DUI expunged.
What Can You Do?
While you have little control over whether the charge is a misdemeanor or is elevated to a felony, there are steps you can take to mitigate your damages. You can discuss your case with a DWI attorney who will work hard to represent your best interests in court. Call your local criminal defense attorney today to discuss your options for fighting DUI charges, whether they are misdemeanors or felonies.