DUI
Supreme Court Rules DUI Not Violent Felony
Ruling says drunk driving conviction not subject to enhanced jail term.
The United States Supreme Court ruled Wednesday that driving under the influence is not equivalent to violent felonies. That means that convictions for DUI do not warrant enhanced prison sentences during the penalty phase of criminal cases.
Whereas the justices agreed that drunk driving can result in bodily harm and death, they found the offense to be different from crimes with purposeful action, such as murder or rape.
The ruling stems from a case involving a New Mexico man with an arrest record for drunk driving. He was found guilty of possession of a gun, which was illegal because of his felony DUI conviction. The prosecutor attempted to invoke the Armed Career Criminal Act to increase the defendant’s prison term. The Act is typically applied to violent felonies or aggravated drug cases.
The justices voted 6-3 in their ruling DUI is not a violent felony, with Justices Alito, Souter and Thomas dissenting.
If you have been arrested for drunk driving, then you will need to hire a qualified DUI attorney.
Filed in DUI Laws | DUI News | Permalink | Comments (4)
Are you any different than a convicted OUI felony?
Have you had two glasses of wine at dinner and drove home?
Did you have a glass or wine or scotch with a friend after work and then head straight home for dinner with the family...oops maybe you grabbed two...
Did you drive...you were lucky that someone else didn't crash into you or maybe you hit someone who cut you off...catch is you had the drink or oopps maybe 2 at the crash site....were you drunk...
