Biden Claims Drunk Driving Isn't A Felony

Being right or wrong isn't the issue but it's being exaggerated into becoming just another issue that can facilitate the level of hate between Americans for nothing more than politics.
 
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It isnt a felony in any state. It takes a few DUIs to be a felony.

Not quite it depends on the persons history and the laws of the states they are caught in:

All Law

What Makes a DUI a Felony?​


Circumstances that Can Lead to Felony DUI Charges​

The DUI laws of each state are different. However, in most states, there are aggravating factors that make a DUI a felony. Here are some of the more common circumstances (excluding DUIs involving injuries and deaths, which are discussed in a separate section below) that can make a DUI a felony:

  • Prior DUI convictions. In most states, a DUI can be charged as a felony if the driver has enough prior DUI convictions. Generally, a driver will be subject to felony charges if he or she has at least two prior DUI convictions (though the number varies by state). But in many states, DUI convictions "wash out" and aren't counted as priors after a certain number of years (normally, seven to ten years). Other states count all DUI priors no matter how long ago they occurred.
  • Prior felony DUI convictions. After a driver is convicted of a DUI, any future DUI violations will generally be charged as felonies. Even in states where prior DUIs wash out after a certain number of years, the washout rule typically doesn't apply to felony DUI convictions. So, a prior felony can be considered, no matter how long ago it occurred.
  • Minor passengers. While having a minor passenger often increases the penalties of a DUI, certain states charge these violations as felonies. In states that don't have a specific DUI law for minor passengers, the prosecutor might still be able to charge the driver with felony child endangerment.
  • DUI while operating a school bus. Because they are transporting children, school bus drivers who are caught operating a bus while under the influence generally face severe penalties. In many states, operating a school bus while under the influence is a felony. Also, whereas the legal alcohol limit for most drivers is .08%, school bus drivers are subject to a blood alcohol concentration (BAC) limit of .04% or lower.
Again, while these are some of the most common situations that can lead to felony DUI, each state classifies DUI offenses differently. Depending on what state you're in, the definition of felony DUI might be more or less inclusive than the list discussed here.

LINK
 
Actually, it depends on the circumstances of the DUI and how many you have had. For the first one, if you don't kill anyone, it is considered a misdemeanor. For many states, it doesn't become a felony until after the third offense.

In some state, it's not considered a felony at all, no matter how many you have (D.C. is one of those areas).

Here is a link to some charts telling you what states, and when it is considered a felony, and it should be fairly reliable, as it comes from the MADD website...............


For the first one though, it's considered a misdemeanor, and in many states it takes several to become a felony, so depending on the circumstances, it can be either. So, maybe Biden isn't completely wrong.

Here is another link that explains it a bit better.................


Is driving under the influence of intoxicants (DUI/DWI) a felony or a misdemeanor? In all states except New York, New Jersey, and Wisconsin, a first-time conviction for driving under the influence is a misdemeanor1 and can result in jail time, significant fines, and the loss of driving privileges.

In most states, repeated DUI offenses—typically, beyond a second—are charged as felonies.

When a DUI Is a Felony

DUI laws vary from state to state, but a few situations commonly result in felonies and other sentence enhancements.

Prior Convictions for DUI

If you've ever had a DUI before, a subsequent offense typically results in a felony. Some states enhance the sentence if you've had a DUI within the past five or 10 years. Others charge a repeated DUI as a felony no matter how long ago the first offense occurred.

What Is a Felony?

A felony is any offense punishable by death or by imprisonment for more than one year.

Bodily Harm

In most states, felony charges are filed if someone is killed or injured by the drunken driver, particularly if the driver is the one who caused the accident.

Besides the legal implications, being intoxicated beyond the legal limit for driving puts your health at risk in many ways, even if you aren't behind the wheel.
For example, if you run a stop sign while intoxicated and hit another vehicle, you may be charged with felony DUI if anyone is injured.

2 However, such a charge would be less likely if somebody else rear-ended you at a stop sign and you were found to be intoxicated.
 
Misleading since you are ignoring possible factors that could make it a felony.

YOU like Biden make blanket assertions......
Plain old DUI is a misdemeanor I don't care what shit you throw the other conditions that make it a felony were not suggested in the OP.
 
If it involves killing someone, it very well can be .
I do believe there are people serving time in prison right now for felony DUI
Can't speak for any other state but in PA it is not a felony until the 3rd offense.
If someone is killed, there is a separate charge of Homicide by Vehicle while DUI which is a Felony 2.
 
Joe Biden rendered VICE talkshow hosts speechless when he made a claim that Drunk-Driving wasn't a felony.

Tell that to all of the people who have family members killed by drunk drivers.



Not a felony in Virginia unless it is your third in ten years and even then if you get three in a week they are all counted as first offense misdemeanors because you haven't been previously convicted. One of my dumbass brothers lucked up that way.
 
Once again.....the media gives us a false impression. They destroyed the lives of untold politicians for driving drunk. Now, because Pelosi's husband did it....it's not a bad thing anymore.

Also....when I was in the military you could get booted out of the service for DUI.

So....is it okay for me to chug a bunch of shots of Rum and go driving now?
 
Not a felony in Virginia unless it is your third in ten years and even then if you get three in a week they are all counted as first offense misdemeanors because you haven't been previously convicted. One of my dumbass brothers lucked up that way.
So you're saying it can be a felony.....end of discussion.
 
Actually, it depends on the circumstances of the DUI and how many you have had. For the first one, if you don't kill anyone, it is considered a misdemeanor. For many states, it doesn't become a felony until after the third offense.

In some state, it's not considered a felony at all, no matter how many you have (D.C. is one of those areas).

Here is a link to some charts telling you what states, and when it is considered a felony, and it should be fairly reliable, as it comes from the MADD website...............


For the first one though, it's considered a misdemeanor, and in many states it takes several to become a felony, so depending on the circumstances, it can be either. So, maybe Biden isn't completely wrong.

Here is another link that explains it a bit better.................


Is driving under the influence of intoxicants (DUI/DWI) a felony or a misdemeanor? In all states except New York, New Jersey, and Wisconsin, a first-time conviction for driving under the influence is a misdemeanor1 and can result in jail time, significant fines, and the loss of driving privileges.

In most states, repeated DUI offenses—typically, beyond a second—are charged as felonies.

When a DUI Is a Felony

DUI laws vary from state to state, but a few situations commonly result in felonies and other sentence enhancements.

Prior Convictions for DUI

If you've ever had a DUI before, a subsequent offense typically results in a felony. Some states enhance the sentence if you've had a DUI within the past five or 10 years. Others charge a repeated DUI as a felony no matter how long ago the first offense occurred.

What Is a Felony?

A felony is any offense punishable by death or by imprisonment for more than one year.

Bodily Harm

In most states, felony charges are filed if someone is killed or injured by the drunken driver, particularly if the driver is the one who caused the accident.

Besides the legal implications, being intoxicated beyond the legal limit for driving puts your health at risk in many ways, even if you aren't behind the wheel.
For example, if you run a stop sign while intoxicated and hit another vehicle, you may be charged with felony DUI if anyone is injured.

2 However, such a charge would be less likely if somebody else rear-ended you at a stop sign and you were found to be intoxicated.
But in some cases it is a felony......end of discussion.
 

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