When Does a DUI Become a Felony?
Drunk driving is a serious offense, but the severity of the consequences often depends on the exact circumstances surrounding the incident. While most DUI (Driving Under the Influence) charges result in misdemeanors, there are situations in which a DUI becomes a felony, carrying harsher penalties.
Misdemeanor vs. Felony DUI
What is a Misdemeanor DUI?
A misdemeanor DUI is the most common charge for first-time or low-level DUI offenses. It typically applies when a driver is caught operating a vehicle with a blood alcohol concentration (BAC) above the legal limit (generally 0.08% in most states) but has not caused harm or engaged in aggravating behaviors.
Penalties for a misdemeanor DUI often include fines, license suspension, mandatory DUI education programs, and possibly some jail time, typically less than a year.
What is a Felony DUI?
A felony DUI occurs when a DUI incident involves severe aggravating factors. Felony penalties are significantly more serious than those for misdemeanors, including imprisonment that can be longer than one year, heavy fines, and long-term consequences once added to your personal record.
Factors That Can Elevate a DUI from a Misdemeanor to a Felony
Repeat DUI Offenses
Most states impose felony charges after repeat DUI violations. For example, many states classify a third or fourth offense as a felony, regardless of whether the driver caused harm in the incident.
High BAC Levels
A BAC of 0.15% or higher, almost double the limit in most states, often triggers aggravated DUI charges. This level of intoxication increases the risk of accidents and may elevate a DUI to a felony in some jurisdictions.
Driving on a Suspended or Revoked License
Operating a vehicle under the influence while your license is already suspended or revoked for a prior DUI increases the severity of charges, often qualifying as a felony.
DUI Resulting in Injury or Death
Accidents caused by drunk driving that lead to injury or death are often considered felonies. Charges in these cases can include aggravated DUI, vehicular manslaughter, or vehicular homicide.
DUI with a Minor in the Vehicle
Driving under the influence with a child in the vehicle poses a significant risk to their safety. Many states classify this as child endangerment and immediately elevate the charge to a felony.
Fleeing the Scene of an Accident
If a driver leaves the scene of an accident while under the influence, especially if the accident caused injuries or property damage, this act could lead to a felony hit-and-run DUI charge.
State Laws and Variations
DUI laws vary widely across states, so it’s essential to understand how your state addresses felony DUIs.
States That Regularly Enforce Felony DUI for Repeat Offenses
Many states, including Arizona, Indiana, and Minnesota, impose felony DUI charges on repeat offenders. For example, Arizona considers a third DUI within seven years a felony offense.
States Without Felony DUI
Some areas do not classify any DUI as a felony, even under aggravating factors. These include California, Maryland, New Jersey, Pennsylvania, and the District of Columbia. Instead, these states levy harsher penalties within their misdemeanor categories.
Variations in BAC and Injury Standards
For instance, Washington State enforces felony DUI for those with five prior offenses within ten years, while Texas mandates felony charges for DUIs involving serious injuries, often called “intoxication assault.”
To understand the DUI laws in your area, visit our State Requirements page.
Penalties for Felony DUI
The repercussions of a felony DUI are life-altering. Here’s an overview of the typical penalties you may face after being convicted of a felony DUI. These penalties depend on the state in which the DUI conviction occurred.
- Mandatory Prison Time: Sentences often exceed one year and may include lengthy incarceration in a state prison facility.
- Hefty Fines: Felony convictions result in considerable financial penalties, ranging between $5,000 and $10,000 or more, depending on state laws.
- Driver’s License Suspension: Offenders often face multi-year license suspensions, making everyday tasks incredibly challenging.
- Mandatory DUI Education: Attendance at extended DUI school sessions is often required and may come with personal costs.
- Loss of Professional License: Certain professional licenses (e.g., medical, law, or commercial driver’s licenses) may be revoked upon a felony DUI conviction.
- Alcohol Treatment Programs: Courts often mandate treatment programs targeted at substance abuse issues.
- SR-22 Insurance: Offenders may need to file for expensive “high-risk” insurance, which significantly increases premiums.
- Ignition Interlock Devices: The installation of these devices ensures that the driver cannot operate their vehicle while intoxicated.
Understanding the Consequences of Felony DUI
Understanding the laws in your state and knowing the additional risks and offenses that turn a DUI into a felony are crucial for avoiding long-term consequences. If you are unsure about your specific situation, seek consultation with a LifeSafer state expert or an experienced DUI attorney in your state.
Most importantly, the surest way to prevent a DUI is simple: don’t drive under the influence. Not only does it save lives, but it also helps you avoid potentially life-wrecking consequences.