Is a DUI a Felony? What Penalties Can Apply? (2025)

DUI Charges

Every state outlaws driving while intoxicated by drugs or alcohol, a crime often known as driving under the influence (DUI).

Drivers can commit a DUI in two ways. First, they can commit a “per se” offense by driving with a blood alcohol concentration (BAC) over the state’s legal limit. This offense is easy for prosecutors to prove because they only need blood, urine, or breath test results and don’t need any witnesses to testify that the driver was impaired.

Alternatively, a driver can violate DUI laws by driving while their abilities are impaired, regardless of their BAC. In other words, a driver who drives slowly while weaving can get a DUI even if their BAC is below the legal limit.

When Is a DUI a Misdemeanor?

A first-offense DUI is usually treated as a misdemeanor. In other words, the laws of most states only allow misdemeanor sentencing for an ordinary DUI without any unusual or aggravating circumstances.

When Is a DUI a Felony?

So how do you get a felony DUI? States enhance the penalties for DUI in many situations, including the following:

Committing Repeat Offenses

One of the most common grounds for increasing the severity of a DUI charge is repeat offenses. In many states, other crimes can count toward the repeat-offense enhancement, including:

• Past misdemeanor offenses
• Out-of-state DUI convictions
• Underage DUI

Many states set a limit on how far they look back for past offenses. For example, California prosecutors can use DUIs committed in the 10 years preceding the offense to determine whether you’re a repeat offender. For the first three offenses, the judge can only sentence a simple DUI conviction as a misdemeanor.

However, the state allows judges to sentence a fourth or subsequent DUI as a felony or misdemeanor. The statute doesn’t require felony sentencing, but prosecutors are more likely to request it, and judges are more likely to grant it, for anyone with a record that shows they’re a habitual offender.

Driving With a Child Passenger

Drunk drivers create several problems when they transport children. For instance:

• Impaired drivers are more likely to crash
• Intoxicated drivers are unlikely to correctly secure young children in car seats
• Children usually don’t have an option to refuse to ride with an impaired adult

Many states, including Texas, allow prosecutors to charge a DUI with a child passenger as a felony. This category overlaps misdemeanor and felony punishments, with a jail sentence of between 180 days and two years.

Causing Serious Bodily Injury or Death to Others

Some drivers are fortunate enough to get pulled over before they cause a collision, but many aren’t so lucky. These drivers must deal with the legal troubles brought on by DUI charges and the guilt of injuring others in a crash.

In most cases, a car accident is treated as a civil matter resolved with a settlement. However, DUI crashes that cause injury or death expose the drunk driver to both civil and criminal liability. Florida law treats DUIs that cause serious injuries as third-degree felonies punishable by up to five years in prison.

A DUI causing a fatality usually isn’t charged as a DUI. Instead, prosecutors have several possible homicide charges they can pursue.

For example, Florida has a criminal charge known as “DUI manslaughter” when an intoxicated driver causes a fatal car crash. This offense is a second-degree felony punishable by up to 15 years in prison. DUI manslaughter where the drunk driver flees the accident scene is a first-degree felony punished by up to 30 years in prison.

Difference Between Misdemeanor and Felony DUI

A misdemeanor DUI is a serious offense with serious consequences.

After a misdemeanor conviction, you may face up to a year in jail, along with fines and driver’s license suspension. Moreover, a person with a misdemeanor DUI on their criminal record may not be able to get certain jobs, like driving a taxi or commercial truck, depending on the jurisdiction.

A felony charge is much more serious. Although the maximum sentence for a misdemeanor is one year, felonies can result in decades-long sentences. While many states allow people with misdemeanor records to expunge or seal their records after a certain period, felony records are much more difficult to wipe away.

Finally, felony records have a much greater impact beyond the possible jail sentence.

Professional boards for lawyers, doctors, contractors, and other professionals can suspend a license after a felony conviction. Landlords can decline to rent to someone with a felony record. Felons can even lose their right to vote and receive government assistance.

Contact ConsumerShield for Assistance Finding a Lawyer

A felony conviction for DUI can have an enormous impact on your life. Understanding your options and finding the right lawyer may be critical for avoiding a lengthy prison sentence. Contact ConsumerShield for a free case review to learn about your legal options and get a referral for a DUI lawyer.