How Many DUIs are a Felony?
Driving Under the Influence (DUI) is a serious offense that can have severe consequences, including fines, imprisonment, and a permanent criminal record. While most DUI charges are misdemeanors, some cases can be elevated to felonies, resulting in even harsher penalties. In this article, we’ll explore the factors that determine whether a DUI is a felony and provide an overview of the laws and consequences in different states.
What is a Felony DUI?
A felony DUI is a criminal charge that is punishable by more than one year in prison. In most states, a felony DUI is typically charged when a person is arrested for a third or subsequent DUI offense within a certain period, usually 5-10 years. The specific laws and penalties for felony DUI vary by state, but the consequences are generally more severe than those for a misdemeanor DUI.
Factors that Determine a Felony DUI
The following factors can contribute to a DUI being charged as a felony:
- Number of prior DUI offenses: A third or subsequent DUI offense within a certain period can result in a felony charge.
- Injury or death: If someone is injured or killed as a result of the DUI, the charges can be elevated to a felony.
- Aggravating circumstances: Other factors that can lead to a felony DUI charge include:
- High Blood Alcohol Content (BAC): .15% or higher
- Refusal to submit to a chemical test
- Driving with a child in the vehicle
- Prior DUI convictions while on probation or parole
- Prior DUI convictions with a prior felony conviction
State-by-State Breakdown
While the laws and penalties for felony DUI vary by state, here is a general breakdown of the laws in different regions:
West Coast:
- California: A third DUI offense within 10 years is a felony, punishable by 2-4 years in prison.
- Oregon: A third DUI offense within 10 years is a felony, punishable by 1-5 years in prison.
- Washington: A third DUI offense within 10 years is a felony, punishable by 1-5 years in prison.
Southwest:
- Arizona: A third DUI offense within 7 years is a felony, punishable by 1-4 years in prison.
- Nevada: A third DUI offense within 7 years is a felony, punishable by 1-5 years in prison.
- New Mexico: A third DUI offense within 5 years is a felony, punishable by 1-3 years in prison.
Midwest:
- Illinois: A third DUI offense within 10 years is a felony, punishable by 1-5 years in prison.
- Michigan: A third DUI offense within 10 years is a felony, punishable by 1-5 years in prison.
- Ohio: A third DUI offense within 10 years is a felony, punishable by 1-5 years in prison.
East Coast:
- Florida: A third DUI offense within 10 years is a felony, punishable by 1-5 years in prison.
- New York: A third DUI offense within 10 years is a felony, punishable by 1-4 years in prison.
- Pennsylvania: A third DUI offense within 10 years is a felony, punishable by 1-5 years in prison.
Table: State-by-State Breakdown of Felony DUI Laws
| State | Number of Prior DUI Offenses | Felony DUI Penalty |
|---|---|---|
| California | 3 within 10 years | 2-4 years in prison |
| Oregon | 3 within 10 years | 1-5 years in prison |
| Washington | 3 within 10 years | 1-5 years in prison |
| Arizona | 3 within 7 years | 1-4 years in prison |
| Nevada | 3 within 7 years | 1-5 years in prison |
| New Mexico | 3 within 5 years | 1-3 years in prison |
| Illinois | 3 within 10 years | 1-5 years in prison |
| Michigan | 3 within 10 years | 1-5 years in prison |
| Ohio | 3 within 10 years | 1-5 years in prison |
| Florida | 3 within 10 years | 1-5 years in prison |
| New York | 3 within 10 years | 1-4 years in prison |
| Pennsylvania | 3 within 10 years | 1-5 years in prison |
Conclusion
In conclusion, a felony DUI is a serious offense that can result in severe penalties, including imprisonment and a permanent criminal record. The specific laws and penalties for felony DUI vary by state, but the consequences are generally more severe than those for a misdemeanor DUI. It’s essential to understand the laws in your state and the factors that can contribute to a felony DUI charge. If you or someone you know has been arrested for a DUI, it’s crucial to seek legal advice from an experienced attorney to ensure the best possible outcome.
