Building a Midland Felony DUI Defense

While the initial steps in building a Midland felony DUI defense may be similar to those of a misdemeanor case, the differences arise in the specific details that follow the individual’s charge. For example, when intoxicated assault or intoxicated manslaughter occurs while driving under the influence, the statute has a causation requirement.

This essentially means that to be guilty of the offense of intoxicated manslaughter or intoxicated assault, the individual who was driving while intoxicated has to be the sole proximate cause of that injury or that death. Another party cannot be at fault. This could be a significant factor in determining what types of penalties a defendant must face.

In addition, an experienced attorney will need to examine exactly what the government is using to enhance one’s charge to the felony level. If someone is charged with a third-offense DUI, a lawyer could look into their criminal history to see whether or not their prior cases actually ended in convictions or were conducted in a lawful manner. This could potentially help an attorney lower an individual’s charge’s down to the misdemeanor level so that they would not have to face a felony conviction.