Is a DUI a Felony?

Most states treat a first DUI (driving under the influence) offense as a misdemeanor, not a felony. A DUI can be elevated to a felony for many reasons related to the offender’s relevant threat to the public.

Driving under the influence is extremely dangerous. According to the United States Department of Transportation, over 30 people die in the United States daily because of drunk driving accidents. The penalties for driving under the influence are severe. especially if the court charges you with a felony DUI.

The circumstances under which a DUI can become a misdemeanor or felony vary from one jurisdiction to the other, however, we will cover some of the most common across the US.

How Can a DUI Become a Felony?

In most cases, if you are arrested for a DUI and this is your first offense, they will treat it as a misdemeanor. However, this depends on the circumstances involved in your DUI.

For example, if a death or serious injury results from your DUI, you will face felony charges. They may also charge you with a felony if you were driving under the influence while transporting children. 

Prior DUI convictions can also elevate a DUI to a felony. In some states, but not all, first and second DUI offenses are misdemeanors, but a third or subsequent conviction is a felony.

Some states treat a DUI as a felony if you have a ‌high blood alcohol content. The specific laws that define situations in which a DUI becomes a felony vary from one state to another. Here are some common factors that may elevate a DUI from a misdemeanor to a felony. 

Prior DUI convictions

If you already have a DUI conviction, this may elevate your new DUI to a felony. States have different rules ‌on how many prior convictions and during what period will turn your DUI from a misdemeanor into a felony. 

In some states, your DUI may become a felony if you’ve had a prior DUI within a five-year period. In other states, this may be a ten-year period. Then again, in some jurisdictions, there is no time limit in place and your DUI will be a felony if you have a prior conviction—no matter how long ago that was.

Bodily harm to another person

In most states, if your DUI caused injuries or death, you will face felony charges. It doesn’t matter whether the person or people hurt because of a DUI were your passengers or were in a different car or were pedestrians.

However, if the accident was not your fault, even if you were driving under the influence, it is less likely your DUI will be seen as a felony.

Putting a child in danger

If you were driving under the influence with a child in your car, in most states, you will receive a harsher punishment, even if the passenger was your own child. 

Breaking other laws at the same time

In some states, if you have broken other laws while committing a DUI, they can elevate your DUI charges to a felony. For instance, in some jurisdictions, if you are committing a DUI while driving on a suspended license, they will elevate your DUI to a felony. 

High blood alcohol concentration

The standard level for impairment is a blood alcohol level of .08% in most states. In some states, an alcohol level that is higher than .08% will cause a stricter punishment for your DUI. 

Refusing to take a breath test

In many states, refusing a breathalyzer test will cause harsher penalties. In some jurisdictions, a refusal to take a breath test will cause immediate revocation. In others, it may lead to jail time.

Property damage

In most states, if you’ve caused property damage while driving under the influence, your punishment will ‌be harsher. Tougher consequences will follow if you don’t have valid auto insurance.

Difference between a Misdemeanor and Felony DUI

The key difference between a felony DUI and a misdemeanor DUI is the penalty you will receive if convicted.

A misdemeanor DUI usually cannot exceed a maximum of one year in jail and 3 to 4 figures in fines, with typical sentences being less.

A felony DUI may earn a year or more in jail, a substantially heavier fine, and a longer license suspension period. A felony conviction comes with subsequent consequences of its own, such as losing voting rights.

For misdemeanors or felonies, some of the most common consequences of DUI charges include:

• Loss of driving privileges (temporary or permanent)
• A fine (the amount depends on the severity of the DUI)
• Jail time 
• Loss of civil rights (such as the right to vote)
• Loss of child custody or visitation rights 
• The requirement to wear a monitoring device

In some states, you may have to go through an alcohol evaluation and, depending on the results, go to an alcohol treatment program.

Addressing or Reducing DUI Charges with a Lawyer

If you receive a felony DUI, your best option will be to consult an attorney. They will guide you through all the specifics of local legislation, and advise you how to reduce your potential sentence and lessen the charges.

Before you go further, speak with a local DUI attorney. It generally costs between $1,500 and $2,500 if you retain a DUI lawyer after a free consultation to discuss your case.