A “wobbler,” in criminal procedure parlance, is a crime that can be charged as either a misdemeanor or a felony. That discretion is normally left up to prosecutors, although in some states judges may reduce felonies to misdemeanors under certain circumstances.
When it comes to DUIs, most drunk driving offenses are misdemeanors but may be bumped up to felonies depending on the specifics of the case. So, what makes a DUI a wobbler? And why does that matter to you?
The majority of state statutes classify DUIs as misdemeanors. This means you can face fines, driving restrictions, and less than a year behind bars. This can be true for even second– or third-time drunk driving convictions. However, in some states, repeat DUI offenses can become wobblers, allowing prosecutors to bring felony charges for a third or fourth drunk driving arrest.
In other instances, even a first-time DUI can become a felony:
- If your DUI resulted in the death of another person, you may be charged with vehicular homicide, vehicular manslaughter, or murder. (Even cases where another driver, passenger, or pedestrian was injured may lead to severe criminal penalties.)
- In some states, an elevated or extremely high blood alcohol concentration (normally double the legal limit or more) may be characterized as an aggravated or extreme DUI, which may be a felony depending on the laws in your state.
- Driving with a suspended or revoked driver’s license is a violation of the law by itself, but when coupled with a DUI, it may lead to felony charges.
- Driving under the influence with children in the car can also lead to felony DUI charges in many states, in addition to likely child endangerment charges.
While giving prosecutors or judges a choice on charges may not seem like a big deal at first, the difference between misdemeanor and felony penalties in wobbler DUI cases can be significant. First of all, any potential fines you face will be increased, and you may also be on the hook for financial restitution if the DUI resulted in property damage or physical injury. And incarceration time will go up as well — from less than a year in jail to more than a year in prison.
There can be other consequences as well. Felony DUIs are more likely to lead to mandatory installation of an ignition interlock device that requires you to provide an alcohol-free breath sample in order to start your car or keep it running. And, if you were hoping to get a DUI expunged from your record, most states limit expungement to misdemeanor crimes.
Whether a wobbler DUI gets charged as a misdemeanor or a felony may be up to prosecutors, but how you handle those charges is up to you — contact an experienced DUI attorney who may be able to defend you on those charges or negotiate a better deal.
- Find DUI / DWI Lawyers Near You (FindLaw’s Lawyer Directory)
- 3 Ways a Misdemeanor DUI Can Become a Felony (FindLaw Blotter)
- Is Drunk Driving a Deportable Offense? (FindLaw Blotter)
- 7 Most Common DUI Penalties (FindLaw Blotter)