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 misdemeanorand 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.

What Happens When You Get a DUI

Prior Convictions for DUI

Bodily Harm

Besides the legal implications, being intoxicated beyond the legal limit for driving puts your health at risk in many ways, even if you aren’t behind the wheel.

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:

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.

The higher your BAC, the worse the penalty is likely to be.

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 yourefuse 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.

What Is Intoxication?

Property Damage

If you crash while driving under the influence, yourpenalties will be greaterin 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

MisdemeanorMaximum of one-year jail timeFines typically $1,000 or lessPossibility of probationFelonyMinimum of one-year jail time (often in state prison)Fines excess of $1,000 (even tens of thousands)Possibility of parole and probation

MisdemeanorMaximum of one-year jail timeFines typically $1,000 or lessPossibility of probation

Maximum of one-year jail time

Fines typically $1,000 or less

Possibility of probation

FelonyMinimum of one-year jail time (often in state prison)Fines excess of $1,000 (even tens of thousands)Possibility of parole and probation

Minimum of one-year jail time (often in state prison)

Fines excess of $1,000 (even tens of thousands)

Possibility of parole and probation

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 toundergo 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 howbinge drinkingand 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.

Frequently Asked QuestionsThis depends on the laws of your state concerning blood alcohol levels, first vs. subsequent offenses, etc. Your lawyer will know what your charge is based on communication with the court system.Insurance companies essentially bet on risk—and your DUI felony can make you too great of a risk to insure. Even if your DUI was charged as a misdemeanor, you can face high premiums if the company agrees to insure you. Get quotes from many companies; as a last resort, consult your state’s DMV to learn about the “assigned risk” pool where you live.This depends on whether an application—for a job, government-issued ID, professional license, government assistance, etc.—asks if you’ve ever been convicted of a misdemeanor, a felony. or more generally, a crime. If your DUI conviction was a misdemeanor, for example, you don’t have to mention it when asked if you’ve ever committed a felony. However, if the application asks if you’ve ever been convicted of a crime, you must disclose your DUI conviction.

Frequently Asked Questions

This depends on the laws of your state concerning blood alcohol levels, first vs. subsequent offenses, etc. Your lawyer will know what your charge is based on communication with the court system.

Insurance companies essentially bet on risk—and your DUI felony can make you too great of a risk to insure. Even if your DUI was charged as a misdemeanor, you can face high premiums if the company agrees to insure you. Get quotes from many companies; as a last resort, consult your state’s DMV to learn about the “assigned risk” pool where you live.

This depends on whether an application—for a job, government-issued ID, professional license, government assistance, etc.—asks if you’ve ever been convicted of a misdemeanor, a felony. or more generally, a crime. If your DUI conviction was a misdemeanor, for example, you don’t have to mention it when asked if you’ve ever committed a felony. However, if the application asks if you’ve ever been convicted of a crime, you must disclose your DUI conviction.

4 SourcesVerywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Criminal status of state drunken driving laws. National Conference of State Legislatures. 2019.National Conference of State Legislatures.Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death. 2018.National Highway Traffic Safety Administration (NHTSA).Drunk Driving.National Conference of State Legislatures.State Law Chart: Impaired Driving with a Child in the Vehicle. August 2016.

4 Sources

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Criminal status of state drunken driving laws. National Conference of State Legislatures. 2019.National Conference of State Legislatures.Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death. 2018.National Highway Traffic Safety Administration (NHTSA).Drunk Driving.National Conference of State Legislatures.State Law Chart: Impaired Driving with a Child in the Vehicle. August 2016.

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

Criminal status of state drunken driving laws. National Conference of State Legislatures. 2019.National Conference of State Legislatures.Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death. 2018.National Highway Traffic Safety Administration (NHTSA).Drunk Driving.National Conference of State Legislatures.State Law Chart: Impaired Driving with a Child in the Vehicle. August 2016.

Criminal status of state drunken driving laws. National Conference of State Legislatures. 2019.

National Conference of State Legislatures.Sanctions for Drunk Driving Accidents Resulting in Serious Injuries and/or Death. 2018.

National Highway Traffic Safety Administration (NHTSA).Drunk Driving.

National Conference of State Legislatures.State Law Chart: Impaired Driving with a Child in the Vehicle. August 2016.

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