Is a DUI a Felony?

Manoj Prasad

Driving under the influence (DUI) of alcohol or drugs is a serious criminal offense that can result in jail time, fines, license suspension, and other penalties. However, whether a DUI is considered a felony or misdemeanor depends on the circumstances of the case and the laws of each state.

What Constitutes a DUI

A DUI charge means operating a motor vehicle while impaired by alcohol or drugs. The blood alcohol concentration (BAC) threshold for a DUI is 0.08% in all US states. Being in control of a vehicle while intoxicated is sufficient for a DUI, even if not actually driving.

A DUI conviction requires the prosecution to prove:

  • The defendant was driving or controlling a motor vehicle
  • The defendant was impaired by alcohol or drugs at the time
  • The level of impairment met the statutory limits (typically 0.08% BAC)

If these elements are proven beyond a reasonable doubt, a DUI conviction will result. The consequences depend on if it is charged as a misdemeanor or felony.

Misdemeanor DUI

For first and second offenses, a DUI is typically charged as a misdemeanor. DUI misdemeanors can lead to:

  • Up to 1 year in jail
  • Fines up to $1000
  • License suspension
  • Alcohol education or treatment programs
  • Ignition interlock device requirement

Misdemeanor DUIs do not result in felony convictions and do not carry the same severity of punishments. However, they still produce significant consequences.

When Does a DUI Become a Felony?

Most states classify a DUI as a felony if certain conditions are met, such as:

Third DUI Offense

A third DUI offense within a certain timeframe (5-10 years typically) often leads to a felony charge. This is based on the rationale that multiple DUIs demonstrate recklessness and disregard for public safety.

Injury or Death

If the DUI results in injury or death, such as through an accident, it is elevated to a felony charge. This can include vehicular manslaughter or assault charges.

Child Endangerment

Many states classify a DUI as a felony if there was a minor child in the vehicle at the time. This includes often harsher punishments.

High BAC Levels

Some states make a DUI an automatic felony if the driver’s BAC is significantly over the limit, such as 0.15% or higher. This indicates an extreme level of impairment.

Prior Convictions

Previous convictions for other types of crimes in addition to DUI offenses can also cause a DUI to be bumped up to a felony charge in some locations.

Penalties for Felony DUI

A felony DUI conviction leads to much harsher consequences including:

  • Lengthy jail time – Years in prison are possible for felony DUI.
  • High fine amounts – Fines can exceed $5000 for a felony DUI conviction.
  • License revocation – A felony DUI generally leads to license suspension of at least 1 year.
  • Probation – Terms of probation may include alcohol treatment programs, community service, or other conditions.
  • Ignition interlock – These devices prevent driving after drinking and are typically required.
  • Vehicle seizure – Law enforcement may seize the offender’s vehicle.

In addition to the direct penalties, a felony conviction also results in a permanent criminal record. This can impact future employment opportunities and other consequences. Overall, a felony DUI should be avoided at all costs.

Defense Against a Felony DUI

Because of the serious penalties, all legal defenses to contest or reduce a felony DUI charge should be explored. Some key defenses include:

  • Lack of probable cause – If the traffic stop or arrest was unlawful, evidence may be suppressed.
  • Faulty testing – Procedural mistakes or unreliable equipment could invalidate BAC tests.
  • No actual driving – Merely sitting in a parked vehicle while intoxicated is not enough to convict in some states.
  • Involuntary intoxication – Being drugged or coerced into intoxication provides a defense in some cases.

Additionally, legal representation from an experienced DUI attorney is crucial to navigate the complex laws and build an effective defense strategy against felony DUI charges.


  • DUIs become felonies with multiple offenses, injuries/death, child endangerment, high BAC, or prior convictions.
  • Felony DUIs lead to years in jail, major fines, revoked licenses, and a permanent criminal record.
  • Skilled DUI lawyers can challenge the charges and mitigate penalties through key defenses.
  • It is always safest to avoid impaired driving altogether and make alternate arrangements if drinking.

The serious lifelong impact of a felony DUI makes it critical to fully understand the relevant state laws. Consulting with a DUI attorney is also highly recommended if facing any impaired driving charges. With sound legal help and sensible personal choices, these offenses can be avoided.


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