Impaired driving remains a significant public safety issue across the United States. According to the Centers for Disease Control and Prevention, alcohol-impaired driving fatalities account for a substantial portion of all traffic deaths annually [1]. When a driver is arrested for Driving Under the Influence (DUI), Driving While Intoxicated (DWI), or Operating a Vehicle While Intoxicated (OWI)—the specific term varies by state—one of the most pressing questions is whether the charge will be classified as a felony or a misdemeanor.
The short answer is: it depends.
While the vast majority of first-time, non-aggravated DUI offenses are charged as misdemeanors, a DUI can quickly escalate to a felony based on a few critical factors. These factors include:
- Prior Offenses: The number of previous DUI convictions on a driver’s record.
- Aggravating Circumstances: The presence of factors like serious bodily injury, death, or a minor passenger.
- State Law: The specific criminal statutes and classifications in the jurisdiction where the arrest occurred.
Understanding the distinction between a felony and a misdemeanor DUI is crucial, as the consequences for each can drastically alter a person’s life, from the length of incarceration to the loss of civil liberties.
Quick Statistics on Drunk Driving
Driving drunk is a serious problem in America. The United States Department of Transportation reported that 10,874 people were killed in crashes involving alcohol, accounting for nearly a third of all driving-related deaths in 2017.
According to MADD, every day, people drive drunk more than 300,000 times but only about 3,200 are arrested. Of those arrested, their specific circumstances and driving history influenced whether or not they were charged with a misdemeanor or felony.
Felony vs. Misdemeanor DUI: The Key Differences
In the American legal system, the primary difference between a felony and a misdemeanor lies in the severity of the crime and the potential punishment. Misdemeanors are considered less serious criminal offenses, while felonies are the most severe.
| Feature | Misdemeanor DUI | Felony DUI |
|---|---|---|
| Severity | Less serious criminal offense. | Most serious criminal offense. |
| Potential Jail Time | Typically up to one year, served in a local or county jail. | Typically more than one year, served in a state prison or penitentiary. |
| Criminal Record | Results in a permanent criminal record. May be eligible for expungement in some states. | Results in a permanent criminal record. Rarely eligible for expungement. |
| Civil Liberties | Generally, no loss of civil liberties. | Often results in the loss of civil liberties, such as the right to vote, serve on a jury, or possess a firearm. |
| Court Process | Involves initial arrest, arraignment, pretrial conference, and trial (if no plea agreement). | Involves a more intensive court process, often requiring a preliminary hearing or grand jury indictment. |
A misdemeanor DUI is often the charge for a first or second offense where no one was injured and the driver’s Blood Alcohol Concentration (BAC) was at or near the legal limit of 0.08%. The process for a misdemeanor is generally less complex than a felony, but the penalties still include significant fines, license suspension, and mandatory participation in alcohol treatment programs.
Factors That Elevate a DUI to a Felony
While a standard DUI is a misdemeanor, a prosecutor can elevate the charge to a felony when certain aggravating circumstances are present. These circumstances are designed to punish repeat offenders or those whose actions resulted in greater harm to the public.
Common factors that can turn a misdemeanor DUI into a felony include:
- Repeat Offenses: In most states, a third or fourth DUI conviction within a specified lookback period (often 5, 7, or 10 years) is automatically charged as a felony, regardless of other factors.
- DUI Causing Injury or Death: If the impaired driving results in serious bodily injury or the death of another person, the charge will almost certainly be a felony, such as Vehicular Manslaughter or Aggravated Assault with a Vehicle.
- Driving with a Minor Passenger: Many states impose felony charges if the driver is operating the vehicle under the influence with a child (typically under the age of 14 or 16) in the car.
- Driving with a Suspended License: If the driver is arrested for DUI while their license is already suspended, revoked, or canceled due to a previous DUI or other serious traffic offense, the new charge may be a felony.
- High Blood Alcohol Concentration (BAC): While not always a felony, an extremely high BAC (e.g., 0.15% or higher) can lead to enhanced penalties and may be a factor in a prosecutor’s decision to pursue a felony charge, especially in combination with other factors.
State-by-State Variation: Why the Answer Depends on Location
The classification of a DUI is not uniform across the country. Every state has the authority to define and classify its own criminal offenses, which is why the answer to “is DUI felony or misdemeanor” is so dependent on geography.
What is considered a misdemeanor in one state may be a felony in another. Furthermore, some states have “wobbler” crimes—a colloquial term for offenses that can be prosecuted as either a felony or a misdemeanor. The prosecutor, judge, and the specific facts of the case (such as the severity of the injury or the driver’s criminal history) determine the final charge.
For example, a first-time DUI with a minor in the car might be a misdemeanor with an enhancement in one state, but an automatic felony in another. This variation underscores the importance of consulting with a legal professional who is familiar with the specific laws of the jurisdiction where the offense occurred.
Common Ground: Penalties and the Role of Ignition Interlock Devices
Regardless of whether a DUI is charged as a misdemeanor or a felony, the penalties are severe and often include mandatory installation of an Ignition Interlock Device (IID).
An IID, or car breathalyzer, is a small electronic device connected to a vehicle’s ignition system. It requires the driver to provide a breath sample free of alcohol before the engine will start. IIDs are increasingly common as a penalty for both misdemeanor and felony DUI convictions because they allow offenders to continue driving legally while ensuring public safety.
Penalties for a DUI conviction typically include a combination of:
- License suspension or revocation.
- Fines and court costs.
- Mandatory drug and alcohol treatment programs.
- Jail or prison time.
- Installation of an IID for a specified period.
The length of time an IID must be installed, the amount of the fine, and the duration of the license suspension all become significantly more severe when the charge is a felony.
Conclusion
The question of is DUI felony or misdemeanor is complex, but the general rule is that a first-time, non-aggravated offense is a misdemeanor, while repeat offenses or those involving serious harm are felonies. In either case, the consequences are life-altering.
If you have been ordered to install an Ignition Interlock Device as part of your court-mandated penalty, you need a reliable, affordable, and state-approved provider. Low Cost Interlock offers industry-leading IID technology and dedicated service to help you complete your program smoothly and regain your full driving privileges.
Contact Low Cost Interlock today to learn more about our affordable ignition interlock device services and to schedule your installation.
References
[1] Centers for Disease Control and Prevention. Impaired Driving: Get the Facts. Available at: https://www.cdc.gov/transportationsafety/impaired_driving/impaired-driving-facts.html [2] National Conference of State Legislatures. Criminal Status of State Drunken Driving Laws. Available at: https://www.ncsl.org/transportation/criminal-status-of-state-drunken-driving-laws [3] FindLaw. State-by-State DUI Penalties. Available at: https://www.findlaw.com/dui/laws-resources/state-by-state-dui-penalties.html