Is a DUI a Felony or a Misdemeanor?

Is driving under the influence of intoxicants (DUI/DWI) a felony or a misdemeanor? In all states except New York, New Jersey, and Wisconsin, a first-time conviction for driving under the influence is a misdemeanor and can result in jail time, significant fines, and the loss of driving privileges.

In most states, repeated DUI offenses—typically, beyond a second—are charged as felonies.

When a DUI Is a Felony

DUI laws vary from state to state, but a few situations commonly result in felonies and other sentence enhancements.

Prior Convictions for DUI

If you've ever had a DUI before, a subsequent offense typically results in a felony. A felony is any offense punishable by death or by imprisonment for more than one year. Some states enhance the sentence if you've had a DUI within the past five or 10 years. Others charge a repeated DUI as a felony no matter how long ago the first offense occurred.

Bodily Harm

In most states, felony charges are filed if someone is killed or injured by the drunken driver, particularly if the driver is the one who caused the accident.

For example, if you run a stop sign while intoxicated and hit another vehicle, you may be charged with felony DUI if anyone is injured. However, such a charge would be less likely if somebody else rear-ended you at a stop sign and you were found to be intoxicated.

Driving With a Suspended License or Other Restrictions

In some states, felony charges are likely to be imposed if you get a DUI:

• While breaking other laws at the same time—for example, speeding or unsafe driving
• While driving with a license that's already restricted, suspended, or revoked
• When your vehicle has been fitted with an ignition interlock device because of a prior offense
  

High Blood-Alcohol Concentration

In all states, the standard for impairment is a blood alcohol content (BAC) of 0.08%. A higher BAC can result in a harsher punishment.

Child Endangerment

If you're caught driving under the influence with a child in the vehicle, your sentence will be enhanced in many states, even if it's your own child. The enhancement applies for minors under age 18, but age cutoffs vary from state to state.

Refusal to Take a Breath Test

Many states impose harsher penalties if you refuse to take a breath test—for example, immediate revocation of your license or mandatory jail time.

However, authorities must obtain a warrant before ordering you to take a blood or urine test, as the Supreme Court ruled in June 2016. Otherwise, you can refuse these without additional penalties.

Property Damage

If you crash while driving under the influence, your penalties will be greater in most states. For example, you'll be financially liable for property damages. The punishment is even greater if you weren't carrying required auto insurance at the time.

The Consequences of a Felony DUI 

If you're convicted of felony DUI, you'll probably be required to use certain equipment—for example, an ignition interlock device or a continuous monitoring device (SCRAM ankle bracelet). Furthermore, the associated costs will be your responsibility, and this equipment is quite expensive.

Most states require anyone convicted of drunk driving to undergo an alcohol evaluation. A counselor will assess whether your drinking behavior can be considered alcohol dependence or alcohol abuse.

You may be required to enter an alcohol treatment or education program to learn how binge drinking and other problem drinking can affect your health and life.

Penalties become increasingly severe with every misdemeanor DUI you garner, even without felony convictions.

Whether you're charged with a misdemeanor or felony DUI, you might be required to take (and pay for) a driver education course, which runs into the hundreds of dollars.