The term Felony DUI can have a number of different meanings in the Commonwealth of Kentucky. By itself, a fourth or greater offense within a 10 year period is considered a felony and will be charged as such.
The prior DUIs do not have to be from Kentucky. An OVI from Ohio or OWI from Indiana will also count against the defendant as they are the same as a DUI in Kentucky. Of note, if your OVI in Ohio was pled to a wet reckless, that was not a DUI and cannot be used against you to enhance the Kentucky charges.
In many cases, the case becomes a felony due to other or additional charges that may accompany a DUI. Those felony charges often included are: wanton endangerment, possession of controlled substances, possession of handgun by convicted felon, and tampering with evidence. If there is serious injury or death, this is not only an enhancement of the DUI charge, but also likely a basis for felony assault or homicide charges. These charges do not make the DUI a felony, but they are felony charges by themselves that many times result after a DUI stop.
There are many possible ways to beat a DUI or to challenge an underlying felony. For example, if the stop was not based on probable cause, any evidence obtained after the stop may be suppressed (thrown out) by the trial court. Additionally, a skilled DUI defense attorney may be able to undermine the basis for the DUI charge.
If you have been charged with DUI or any felony, it is imperative that you hire a criminal defense attorney. For consultation and representation in Northern Kentucky, contact Michael Bouldin or call 859-581-6453.