Is DWI a Felony?
Driving While Intoxicated (DWI) is a serious offense that can have severe consequences, including fines, imprisonment, and a permanent criminal record. But is DWI a felony? The answer is not always a simple yes or no.
What is DWI?
DWI is the act of operating a vehicle while impaired by alcohol or drugs. The specific laws and penalties for DWI vary from state to state, but the general definition remains the same. In the United States, DWI is often referred to as Driving Under the Influence (DUI) or Operating Under the Influence (OUI).
Is DWI a Felony?
In most states, DWI is a misdemeanor offense, punishable by fines, imprisonment, and a suspension of driving privileges. However, in some states, a repeat offender or a DWI that results in serious injury or death can be charged as a felony.
Felony DWI Laws by State
Here is a breakdown of the felony DWI laws by state:
State | Felony DWI Threshold |
---|---|
Alabama | 2nd or subsequent offense |
Alaska | 2nd or subsequent offense |
Arizona | 3rd or subsequent offense |
Arkansas | 2nd or subsequent offense |
California | 4th or subsequent offense |
Colorado | 3rd or subsequent offense |
Connecticut | 2nd or subsequent offense |
Delaware | 2nd or subsequent offense |
Florida | 3rd or subsequent offense |
Georgia | 2nd or subsequent offense |
Hawaii | 2nd or subsequent offense |
Idaho | 3rd or subsequent offense |
Illinois | 4th or subsequent offense |
Indiana | 3rd or subsequent offense |
Iowa | 3rd or subsequent offense |
Kansas | 2nd or subsequent offense |
Kentucky | 2nd or subsequent offense |
Louisiana | 2nd or subsequent offense |
Maine | 2nd or subsequent offense |
Maryland | 2nd or subsequent offense |
Massachusetts | 2nd or subsequent offense |
Michigan | 3rd or subsequent offense |
Minnesota | 3rd or subsequent offense |
Mississippi | 2nd or subsequent offense |
Missouri | 2nd or subsequent offense |
Montana | 2nd or subsequent offense |
Nebraska | 3rd or subsequent offense |
Nevada | 3rd or subsequent offense |
New Hampshire | 2nd or subsequent offense |
New Jersey | 2nd or subsequent offense |
New Mexico | 2nd or subsequent offense |
New York | 2nd or subsequent offense |
North Carolina | 2nd or subsequent offense |
North Dakota | 2nd or subsequent offense |
Ohio | 3rd or subsequent offense |
Oklahoma | 2nd or subsequent offense |
Oregon | 3rd or subsequent offense |
Pennsylvania | 2nd or subsequent offense |
Rhode Island | 2nd or subsequent offense |
South Carolina | 2nd or subsequent offense |
South Dakota | 2nd or subsequent offense |
Tennessee | 2nd or subsequent offense |
Texas | 3rd or subsequent offense |
Utah | 2nd or subsequent offense |
Vermont | 2nd or subsequent offense |
Virginia | 2nd or subsequent offense |
Washington | 3rd or subsequent offense |
West Virginia | 2nd or subsequent offense |
Wisconsin | 3rd or subsequent offense |
Wyoming | 2nd or subsequent offense |
Consequences of Felony DWI
If you are charged with felony DWI, the consequences can be severe. Some of the potential penalties include:
- Longer imprisonment: Felony DWI can result in imprisonment for up to 10 years or more.
- Higher fines: Felony DWI can result in fines of up to $10,000 or more.
- Loss of driving privileges: Felony DWI can result in the loss of driving privileges for a period of time or permanently.
- Criminal record: Felony DWI can result in a permanent criminal record, which can have long-term consequences for your employment, education, and personal life.
Defending Against Felony DWI Charges
If you are charged with felony DWI, it is essential to work with an experienced criminal defense attorney who can help you defend against the charges. Some potential defenses include:
- Challenging the evidence: Your attorney can challenge the evidence against you, including the results of field sobriety tests and breathalyzer tests.
- Questioning the officer’s actions: Your attorney can question the officer’s actions, including whether they had probable cause to stop you and whether they followed proper procedure during the arrest.
- Arguing for a lesser charge: Your attorney can argue for a lesser charge, such as a misdemeanor DWI, if the evidence is not strong enough to support a felony charge.
Conclusion
In conclusion, while DWI is typically a misdemeanor offense, it can be charged as a felony in certain circumstances. If you are charged with felony DWI, it is essential to work with an experienced criminal defense attorney who can help you defend against the charges. With the right defense strategy, you may be able to reduce the charges or avoid a conviction altogether.
Table: Felony DWI Laws by State
State | Felony DWI Threshold |
---|---|
Alabama | 2nd or subsequent offense |
Alaska | 2nd or subsequent offense |
Arizona | 3rd or subsequent offense |
Arkansas | 2nd or subsequent offense |
California | 4th or subsequent offense |
Colorado | 3rd or subsequent offense |
Connecticut | 2nd or subsequent offense |
Delaware | 2nd or subsequent offense |
Florida | 3rd or subsequent offense |
Georgia | 2nd or subsequent offense |
Hawaii | 2nd or subsequent offense |
Idaho | 3rd or subsequent offense |
Illinois | 4th or subsequent offense |
Indiana | 3rd or subsequent offense |
Iowa | 3rd or subsequent offense |
Kansas | 2nd or subsequent offense |
Kentucky | 2nd or subsequent offense |
Louisiana | 2nd or subsequent offense |
Maine | 2nd or subsequent offense |
Maryland | 2nd or subsequent offense |
Massachusetts | 2nd or subsequent offense |
Michigan | 3rd or subsequent offense |
Minnesota | 3rd or subsequent offense |
Mississippi | 2nd or subsequent offense |
Missouri | 2nd or subsequent offense |
Montana | 2nd or subsequent offense |
Nebraska | 3rd or subsequent offense |
Nevada | 3rd or subsequent offense |
New Hampshire | 2nd or subsequent offense |
New Jersey | 2nd or subsequent offense |
New Mexico | 2nd or subsequent offense |
New York | 2nd or subsequent offense |
North Carolina | 2nd or subsequent offense |
North Dakota | 2nd or subsequent offense |
Ohio | 3rd or subsequent offense |
Oklahoma | 2nd or subsequent offense |
Oregon | 3rd or subsequent offense |
Pennsylvania | 2nd or subsequent offense |
Rhode Island | 2nd or subsequent offense |
South Carolina | 2nd or subsequent offense |
South Dakota | 2nd or subsequent offense |
Tennessee | 2nd or subsequent offense |
Texas | 3rd or subsequent offense |
Utah | 2nd or subsequent offense |
Vermont | 2nd or subsequent offense |
Virginia | 2nd or subsequent offense |
Washington | 3rd or subsequent offense |
West Virginia | 2nd or subsequent offense |
Wisconsin | 3rd or subsequent offense |
Wyoming | 2nd or subsequent offense |
Bullets: Consequences of Felony DWI
• Longer imprisonment
• Higher fines
• Loss of driving privileges
• Criminal record