Is DUI a Felony or Misdemeanor?

Driving under the influence (DUI) or driving while intoxicated/impaired (DWI) is typically considered a crime in the United States. DWI/DUI offenses can be a big deal for everyone involved. But not all of them are treated the same way in our legal system. Some are misdemeanors, which are less serious crimes. Others are felonies, which are more serious. Understanding the difference is key to understanding your rights.

In this article, we’ll review key differences between felony and misdemeanor DUI/DWIs. However, state law governs these charges. So, the specific implications will depend heavily on your jurisdiction.

If you’re facing a DWI/DUI, consider speaking with a DUI defense attorney licensed in your state. They can help you understand your options, which may be more encouraging than you might expect.

What Is a DUI or DWI?

A DUI/DWI occurs when someone is caught driving a vehicle while impaired by alcohol or drugs. Most states consider a blood alcohol concentration (BAC) of 0.08% or higher to be drunk driving.

Precise definitions vary by state. But DUI typically refers to the influence of alcohol or other substances. DWI generally means intoxication by alcohol. Many use these terms interchangeably, as we’ll do here.

Depending on the situation, states may classify a DUI/DWI as a misdemeanor or a felony. The difference between the two is important. It can directly affect the potential penalties and consequences for DUI offenders.

Misdemeanors vs. Felonies

Imagine a scale of seriousness for criminal offenses. On the lower end, you have minor infractions like jaywalking or littering. A step up, you find misdemeanor charges. These are for crimes that are more serious than minor offenses but less severe than felonies. Under certain circumstances, misdemeanor convictions may be expunged.

Felonies are the most serious types of crimes. Convictions for felonies usually involve harsher penalties, like longer prison or jail sentences. They can have severe consequences, like the loss of certain important rights or a permanent criminal record.

What Makes a DUI/DWI a Misdemeanor or Felony?

Most state DUI laws treat first offenses without injuries as misdemeanors. But certain aggravating factors can quickly turn a misdemeanor DUI into a felony DUI. We discuss some of the more common ones below.

Prior DUI Convictions

This is the most common reason a DUI becomes a felony. If someone already has a DUI conviction, getting another one significantly increases the chances of a felony charge.

Each state has its own rules. Most meet second offenses with harsher penalties and fewer opportunities for leniency. But many will charge a third DUI or fourth DUI within a certain period as a felony.

Serious Injury or Death to Another Person

If a driver impaired by alcohol or drugs causes an accident that leads to serious injury or death, they will almost certainly face felony charges. The severity of the injury typically impacts the severity of the charge.

Child Endangerment

Many states treat the presence of a minor in the motor vehicle as a serious aggravating factor for DUI charges.

Not every state automatically makes this a felony for a first DUI or even a second DUI. But it significantly increases the likelihood of felony charges or enhanced penalties.

High Blood Alcohol Content

A very high BAC (e.g., twice or three times the legal limit) can also be an aggravating factor. On its own, it doesn’t usually elevate the charges to a felony. But when combined with other factors, it might result in felony DUI charges or much harsher sentences.

A handful of states treat certain DUI offenses as”wobbler”offenses. This means they can be charged as felonies or misdemeanors. For example, California treats most DUIs that cause injury as wobblers. So, its prosecutors have discretion to determine the charge based on the case facts.

Misdemeanor DUI Penalties vs. Felony DUI Penalties

The penalties for DWI/DUI convictions depend on state law and can vary. Generally, however, penalties for misdemeanor and felony DUI convictions can be quite different, reflecting the severity of the crime.

Misdemeanor DUI/DWI Penalties

Misdemeanor DUI penalties typically involve lighter consequences. Some of the penalties might include:

• Fines: Usually range from a few hundred dollars to a few thousand dollars

• Jail time: Can be a few days up to a year in a local county jail

• Driver’s license suspension: Typically a few months to a year, possibly with permission to drive for work or school

• Probation: Period during which someone must follow specific court-ordered rules, like attending meetings, getting counseling, or not consuming alcohol

• DUI school/alcohol treatment: Court-ordered classes or completion of an alcohol/drug treatment program

• Ignition interlock device: Requires the driver to blow into the car-installed device to pass an alcohol test before the car will start

• Community service: Performing unpaid work for the community

Penalties for felony DUI convictions will, of course, be more severe.

Felony DUI/DWI Penalties

Felony DUIs come with harsher penalties. These can include:

• Higher fines: Ranging from several thousand dollars to tens of thousands of dollars

• Prison time: Typically state prison sentences starting at a year

• Longer/permanent license revocation: Longer driver’s license suspension periods or permanent revocation of driving privileges

• Extensive probation: Longer probation periods with strict conditions if released from prison

• Intensive alcohol/drug treatment: Court-mandated longer-term treatment programs

• Loss of rights: Could lead to losing the right to vote, own firearms, or serve on a jury

Some states can even seize and sell someone’s vehicle for particularly serious and/or repeated felony DUIs.

Can I Negotiate My Felony DUI Charge Down to a Misdemeanor?

Under certain circumstances, yes. But whether this is a possibility depends on several factors, as well as state law.

A skilled defense attorney can review the evidence, identify weaknesses in the prosecution’s case, and negotiate with prosecutors for a plea bargain. This could result in a reduced charge, especially if:

• The driver has no prior DWI/DUI offenses

• Their BAC wasn’t very high

• They cooperated with law enforcement

State laws limiting plea deals for DWI/DUI charges can also vary greatly.

An experienced DUI lawyer will also be able to identify any legal issues with your arrest, like improper police procedure or questionable test results. Ultimately, the decision rests with the prosecutor and, in some cases, the judge. But legal representation can greatly increase your chances of negotiating a felony down to a misdemeanor.

DUI Arrests vs. DUI Convictions

Whether you’re facing felony or misdemeanor charges, a DUI arrest doesn’t have to mean a conviction. Some states offer first-time offender programs that allow charges to be dismissed after completing treatment or education programs. These programs often require no subsequent DUIs and full compliance with court orders.

Depending on the circumstances, you may also be able to assert various legal defenses against misdemeanor or felony DUI charges.

DUI Legal Defenses

Although some core strategies overlap, there can be notable differences in the legal defenses used for felony and misdemeanor DUI charges.

Shared Defenses

Regardless of the charge level, defense attorneys often use these common strategies:

• Challenging the traffic stop: Arguing the police officer lacked probable cause to stop the vehicle

• Questioning field sobriety tests: Highlighting improper administration or medical conditions affecting performance

• Disputing chemical test results: Contesting the accuracy or calibration of breathalyzers or blood tests

• Rising BAC: Claiming the driver’s BAC was below the legal limit while driving but rose afterward

• Violation of rights: Asserting a Miranda rights violation or unlawful search/seizure

In spite of these common strategies, defenses in felony DUI cases are often more complex.

Felony DUI Defenses

Felony DUI cases often involve aggravating factors like repeat offenses, injury, or death. As a result, defenses might include:

• Causation challenges: In cases involving injury or death, a DUI defense attorney may argue that the defendant’s intoxication didn’t cause the accident.

• Prior conviction disputes: If the felony is based on prior DUIs, the defense might challenge the validity or admissibility of those convictions.

• Mitigation strategies: Emphasizing rehabilitation, remorse, or cooperation with law enforcement, the defense might try to reduce the severity of the potential penalties.

• Expert testimony: A criminal defense attorney is more likely to challenge forensic evidence or reconstruct accidents with expert witnesses in felony cases.

Often, the defenses asserted against misdemeanor DUI charges tend to be more procedural.

Misdemeanor DUI Defenses

Depending on the circumstances, misdemeanor DUI defenses may focus more on:

• Procedural errors: Mistakes in arrest, testing, or paperwork

• First-time offender leniency: Arguing for diversion programs or reduced penalties

• Negotiated pleas: Seeking reductions to non-DUI charges like reckless driving

The goal of misdemeanor DUI defenses is often to reduce penalties. These cases may resolve more quickly through plea deals or diversion programs, especially for first-time offenders.

Getting Legal Advice

To help you determine next steps, it’s highly advisable to consult a criminal defense lawyer. You can share the details of your situation with them confidentially. They can help you understand your options as well as your eligibility for expungement. They can also explain the legal processes involved.

FindLaw’s directories of DUI defense attorneys and criminal defense lawyers can connect you with experts in your area. Just click on your state to review contact and ratings information for local attorneys experienced in negotiating with prosecutors and identifying weak DUI cases.

Consider enlisting the help of a trusted advocate who can be a critical ally for you at this time.