Is an OWI a Felony?
Operating a vehicle while intoxicated (OWI) is a serious offense that can result in severe consequences, including fines, imprisonment, and even license suspension. But the question remains: is an OWI a felony? The answer is not straightforward, as it depends on various factors, including the state’s laws and the specific circumstances of the case.
What is an OWI?
An OWI, also known as driving under the influence (DUI), is the act of operating a vehicle while impaired by alcohol or drugs. In most states, the legal blood alcohol concentration (BAC) limit is 0.08%, although some states have lower limits for commercial drivers or individuals under 21 years old. If a person’s BAC is above the legal limit or they are found to be impaired, they can be charged with OWI.
Felony vs. Misdemeanor OWI
In the United States, OWI offenses are typically classified as either misdemeanors or felonies. A misdemeanor OWI is considered a less serious offense and typically carries lighter penalties, such as:
- Fine: $500 to $2,000
- Imprisonment: up to 1 year
- License suspension: up to 1 year
On the other hand, a felony OWI is considered a more serious offense and carries heavier penalties, such as:
- Fine: $5,000 to $50,000
- Imprisonment: up to 5 years or more
- License suspension: up to 10 years or more
Factors that Determine Felony OWI
Several factors can determine whether an OWI is considered a felony or a misdemeanor. Some of these factors include:
- Previous OWI convictions: If a person has multiple prior OWI convictions, the subsequent offense may be upgraded to a felony.
- High BAC level: If a person’s BAC is significantly higher than the legal limit (e.g., 0.15% or higher), the offense may be considered a felony.
- Injury or death: If an OWI incident results in injury or death to another person, the offense may be charged as a felony.
- Commercial vehicle: If a person is operating a commercial vehicle while impaired, the offense may be considered a felony.
- Underage drinking: If a person under 21 years old is found to be operating a vehicle while impaired, the offense may be charged as a felony.
Table: Felony OWI Factors
| Factor | Felony OWI? |
|---|---|
| Previous OWI convictions | |
| High BAC level (0.15% or higher) | |
| Injury or death to another person | |
| Commercial vehicle | |
| Underage drinking (under 21) |
Consequences of Felony OWI
If convicted of a felony OWI, a person can expect to face severe consequences, including:
- Criminal penalties: Fines, imprisonment, and/or probation.
- Licensing consequences: License suspension or revocation for an extended period or permanently.
- Insurance consequences: Higher insurance rates or coverage denial.
- Job and education consequences: Employment or educational opportunities may be affected.
- Personal consequences: Social stigma, family and relationship problems, and emotional distress.
Conclusion
In conclusion, an OWI can be considered a felony or a misdemeanor, depending on the state’s laws and the specific circumstances of the case. It is essential to understand the factors that determine felony OWI, as the consequences of a felony conviction can be severe. If you or someone you know has been charged with OWI, it is crucial to seek legal advice from an experienced attorney to navigate the legal system and minimize the consequences of a conviction.
