Is a DUI a Felony or Misdemeanor? What Makes the Difference in Your Case?

Getting pulled over for driving under the influence can feel like having the entire world crash down around you.

I’ve spoken with countless individuals about this subject over the years, and one of the biggest questions people ask is: “Is this going to be a misdemeanor, or am I facing a felony?” That distinction matters a whole lot.

Felonies bring much tougher penalties, sometimes life-altering. Misdemeanors, while still serious, generally come with fewer long-term consequences.

Let’s break down why some cases jump to the felony level—and how it all varies by location.

Key Points

Misdemeanor vs. Felony DUI

According to Forbes sources, a standard, first-time DUI is usually treated as a misdemeanor. That means there might be fines, court-mandated programs, and possibly some jail time, but often for less than a year (sometimes it’s just a few days).

You might end up with an ignition interlock device (IID) that tests your breath before the car starts. It’s still a major red flag on your record, but you won’t necessarily lose core civil rights, like voting or owning a firearm, penalties that can accompany a felony conviction.

On the other hand, a DUI that crosses the line into felony territory can bring harsher punishments. We’re talking potential prison time (a year or more), significantly larger fines, and the dreaded label of “felon” that can follow you around for a very long time.

Plus, if a collision caused injuries or there were repeat offenses, the legal system cranks everything up to a whole new level.

What Makes Your DUI a Felony?

1. Prior Convictions

If you already have DUI convictions on your record, any new offense might get bumped up, as per Verywell Mind sources.

In a lot of states, if it’s your third or fourth DUI within a certain number of years—like 5 or 10—you could be staring at a felony charge.

The logic is that if you keep getting caught, the courts regard you as a higher risk to public safety.

2. Injury or Death

Accidents causing injury or death tend to escalate a DUI into felony territory. That could mean charges like vehicular manslaughter.

Even if it’s your first time ever being pulled over for driving under the influence, a serious injury can land you on the felony side of the courtroom.

Under California Vehicle Code 23153 VC, a DUI offense that results in injury to another person can be charged as either a misdemeanor or a felony. Factors influencing this decision include the severity of the injury and the circumstances of the offense.

3. Presence of Minors

Some places are extremely strict if a child was in the vehicle at the time of the offense.

If a minor, often defined as under 16, was a passenger, you might face felony-level penalties based on endangering that child.

Note: The specific age defining a “minor” and the associated legal consequences vary by state.

4. High BAC

People often associate .08% with the legal limit. But in many states, according to NCSL, if your blood alcohol concentration was way above that threshold—say. 15% or higher—that alone might change the charge. This is especially true in repeat-offender situations.

5. Driving on a Suspended License

If your license was already suspended or revoked and you decide to get behind the wheel while impaired, you could be in for a felony charge in certain jurisdictions.

The courts view that choice as blatantly ignoring the law.

6. Property Damage

While less common than some of the other factors, causing major property damage during a DUI incident can sometimes trigger felony charges in certain regions.

This could apply if you plowed into someone’s house or seriously wrecked multiple vehicles.

State Laws Are All Over the Map

According to DUI, forty-six states have laws on the books that allow prosecutors to charge felony DUI under certain conditions.

But there are a handful of spots—like Maryland and New Jersey—where DUI is always a misdemeanor, no matter how bad the situation might look.

That can surprise people who assume that an injury or a repeat offense will automatically be a felony everywhere.

Let’s be real: the concept of uniformity in DUI laws is practically nonexistent. California has one set of standards, Arizona has another, and then you have states like Wisconsin that treat a first-time OWI (operating while intoxicated) as more of a civil offense unless minors are in the car or there’s significant harm.

It’s not as simple as flipping open one law book. Lawyers who handle DUI cases in one state won’t always approach it the same way as attorneys in another, which is why local expertise can be a lifesaver.

Penalties You Could Face

Misdemeanor DUI Penalties

• Fines: Could range from a few hundred dollars up to a few thousand, depending on your state.
• Jail Time: Generally up to a year, but often it’s less in a first offense, maybe even replaced by programs or community service.
• Probation: A typical period is around 3-5 years, where you must stay out of legal trouble and meet other conditions.
• Ignition Interlock Devices: Some states require you to use an IID, which prevents the car from starting if you’ve been drinking.
• Alcohol Education Programs: Courts often want you to attend classes or treatment sessions to address alcohol or substance issues.

Felony DUI Penalties

• Imprisonment: You’re looking at a year or more in state prison in many jurisdictions (not just county jail).
• Higher Fines: We’re talking thousands of dollars, plus various legal fees.
• Stricter License Suspension or Revocation: You could lose driving privileges for a very long time.
• Loss of Civil Rights: Getting labeled a felon can take away rights like voting in certain states and the ability to own firearms.
• Mandatory Treatment: Courts might order rigorous rehab or counseling programs, especially if this isn’t your first rodeo.

Facing these penalties is no joke. Even for a misdemeanor, you might end up fighting to keep your job if it requires a valid license or a clean criminal record.

And for a felony conviction, there can be ripple effects that touch housing, employment, and even your ability to travel internationally.

What About Specific States?

To give a bit more flavor:

California

Typically, if it’s your first, second, or third DUI within 10 years and nobody got hurt, it’ll likely stay a misdemeanor, as per Chudnovsky Law.

But the moment there’s an injury (vehicle code § 23153), or if it’s your fourth DUI, expect felony charges.

Arizona

Known for having some of the nation’s strictest DUI laws. According to NAVA Law Firm, a first offense can lead to jail time, and if you were driving on a suspended license, that automatically pushes you into felony territory.

Wisconsin

Here, a first offense is treated more like a traffic ticket unless minors are involved or there’s been previous trouble, which can surprise newcomers.

Notably, if there is a minor under 16 years old in the vehicle at the time of the offense, the violation escalates to a criminal misdemeanor.

According to Grieve Law, this change results in harsher penalties, including fines ranging from $350 to $1,100, a driver’s license revocation period of up to 18 months, mandatory installation of an ignition interlock device (IID) for up to two years, and potential jail time of up to six months.

Maryland & New Jersey

Believe it or not, they don’t classify DUI as a felony at all, no matter how serious. It’s a misdemeanor across the board, though still heavily penalized.

Could a Lawyer Help?

Proven Strategies to Reduce DUI Penalties

Driving under the influence (DUI) is a serious offense that can have severe consequences for those convicted. However, there are proven strategies that can help reduce DUI penalties and …https://t.co/wew0rqGky7 pic.twitter.com/q4fTewe2J5

— Attorneys.Media (@attorneys_media) March 8, 2025

Absolutely. When you’re dealing with a DUI, the stakes can be sky-high. You might be thinking, “Well, I blew over the limit, so there’s nothing to argue.”

But that’s not always the full story. Law enforcement procedures, the calibration of breathalyzers, or even how field sobriety tests were conducted can come into play.

A skilled DUI attorney will piece together the puzzle and see if there’s a way to reduce the charge or lessen the consequences. Plus, local attorneys know the quirks of their state’s system.

They know which prosecutors are willing to negotiate and which judges might be a bit more lenient for first-timers.

They also know the legal triggers that could push a misdemeanor to a felony. Having someone in your corner who’s spent years in the trenches with DUI law can ease a lot of stress.

Extra Tips If You’re Facing a DUI

Wrapping It Up

DUI laws might sound all over the board because, well, they are. Each state decides how it wants to treat an offense, so rules in one place won’t necessarily match another.

The line between misdemeanor and felony often hinges on prior convictions, injuries, kids in the car, or extremely high BAC. In locations where lawmakers decided not to use the “felony” label, penalties can still be severe.

If you’ve been charged with driving under the influence, I’d urge you to get in touch with a local attorney. You don’t have to handle it alone, and there may be angles you haven’t thought about yet.

This situation can feel overwhelming, but it’s possible to keep it from derailing your life. The key is taking it seriously, gathering good advice, and focusing on the path forward.

References

• forbes.com – Is A DUI a Felony Or Misdemeanor?
• verywellmind.com – When a DUI Is a Felony
• cronisraelsandstark.com – DUI Causing Injury
• ncsl.org – Criminal Status of State Drunken Driving Laws
• dui.org – What is the Difference Between Felony and Misdemeanor?
• toplawyer.law – Is a DUI a Felony?
• navalawaz.com – What Happens In Arizona With Your First DUI?
• grievelaw.com – 1st Offense OWI In Wisconsin