What States is a DUI a Felony?
Drunk driving, also known as Driving Under the Influence (DUI), is a serious offense that can have severe consequences, including fines, imprisonment, and even loss of driving privileges. While the laws and penalties for DUI vary from state to state, some states consider DUI a felony offense. In this article, we will explore the states where DUI is considered a felony and the factors that contribute to this designation.
Why is DUI a Felony?
In the United States, DUI is typically considered a misdemeanor offense, punishable by fines, probation, and/or imprisonment. However, in some states, the severity of the offense or the circumstances surrounding the arrest can elevate it to a felony. Factors that may contribute to a DUI being considered a felony include:
- The number of prior DUI convictions: Many states consider a third or subsequent DUI conviction a felony offense.
- Serious injury or death: If someone is injured or killed as a result of the DUI, the offense may be elevated to a felony.
- Aggravating circumstances: The presence of other factors, such as excessive speed, reckless driving, or refusing to submit to a chemical test, can contribute to a felony charge.
States Where DUI is a Felony
The following states consider DUI a felony offense in certain circumstances:
| State | Felony Threshold |
|---|---|
| Alabama | 3rd or subsequent DUI conviction |
| Arizona | 3rd or subsequent DUI conviction |
| California | 4th or subsequent DUI conviction |
| Colorado | 3rd or subsequent DUI conviction |
| Connecticut | 3rd or subsequent DUI conviction |
| Florida | 3rd or subsequent DUI conviction, or DUI resulting in serious bodily injury or death |
| Idaho | 3rd or subsequent DUI conviction |
| Illinois | 4th or subsequent DUI conviction |
| Indiana | 3rd or subsequent DUI conviction |
| Louisiana | 3rd or subsequent DUI conviction |
| Maine | 3rd or subsequent DUI conviction |
| Michigan | 3rd or subsequent DUI conviction |
| Minnesota | 3rd or subsequent DUI conviction |
| Missouri | 4th or subsequent DUI conviction |
| Montana | 3rd or subsequent DUI conviction |
| Nebraska | 3rd or subsequent DUI conviction |
| Nevada | 3rd or subsequent DUI conviction |
| New Hampshire | 3rd or subsequent DUI conviction |
| New Jersey | 4th or subsequent DUI conviction |
| New York | 4th or subsequent DUI conviction |
| North Carolina | 3rd or subsequent DUI conviction |
| Ohio | 3rd or subsequent DUI conviction |
| Oklahoma | 3rd or subsequent DUI conviction |
| Oregon | 3rd or subsequent DUI conviction |
| Pennsylvania | 3rd or subsequent DUI conviction |
| South Carolina | 3rd or subsequent DUI conviction |
| Tennessee | 3rd or subsequent DUI conviction |
| Texas | 3rd or subsequent DUI conviction |
| Utah | 3rd or subsequent DUI conviction |
| Vermont | 3rd or subsequent DUI conviction |
| Virginia | 3rd or subsequent DUI conviction |
| Washington | 3rd or subsequent DUI conviction |
| West Virginia | 3rd or subsequent DUI conviction |
| Wisconsin | 4th or subsequent DUI conviction |
Consequences of a Felony DUI Conviction
A felony DUI conviction can have severe consequences, including:
- Longer prison sentences: Felony DUI convictions can result in prison sentences ranging from several months to several years.
- Higher fines: Felony DUI convictions often result in higher fines than misdemeanor DUI convictions.
- Loss of driving privileges: A felony DUI conviction may result in the loss of driving privileges for a specified period or indefinitely.
- Increased penalties for future offenses: If you are convicted of a felony DUI, future DUI offenses may be punished more severely.
Conclusion
In summary, while most states consider DUI a misdemeanor offense, some states consider it a felony offense under certain circumstances. The severity of the offense, the number of prior DUI convictions, and the presence of aggravating circumstances can all contribute to a felony charge. It is essential to understand the laws and penalties in your state and to seek legal advice if you are arrested for DUI.
