DUI Felony

Misdemeanor DUI

If there were no injuries, extensive property damage, or other extenuating circumstances with your arrest, and this is your first DUI, it is generally classified as a misdemeanor. This offers the possibility of a range of fines, probation, driving school, and other court-ordered punishment. Even a misdemeanor can result in incarceration for up to a year.

Felony DUI

For a felony DUI punishment is more severe. In addition to the misdemeanor punishment options, you could serve jail time of more than a year; pay expensive fines; get probation; have your license restricted or suspended for anywhere from one to five years, or have your license permanently revoked; or receive court-ordered treatment for drug use or alcoholism. At your expense, an ignition interlock device may be installed on your car. This device requires the driver to perform a breathalyzer test before the car can be started. Expensive impoundment or even forfeiture of your car are possible.

Extenuating Circumstances

A “driving while under the influence” (DUI or DWI) felony charge indicates that this was a situation where a driver did more than take a drink and go for a drive. That situation is normally charged as a misdemeanor, although that, too, can have expensive consequences on many levels. However, the status of the charges could be raised to a felony for many reasons:

• Someone was injured because the driver of a vehicle was intoxicated or under the influence of drugs
• There was a minor in the car and the driver was arrested for exceeding that county or state’s blood-alcohol (BAC) level
• This was not the driver’s first drunk driving offense
• Other crimes were committed during this incident
• There was extensive property damage due to an accident.

Misdemeanor crimes typically result in a wide range of punishments, from community service to fines from the relatively inexpensive to extremely high, and they can result in jail time of one year or less in some situations. Your punishment often depends on whether or not you have a prior record.

Felonies are much more serious and the implication is possible incarceration in a prison for more than one year as well as expensive fines. Convicted felons often have difficulty in finding jobs and obtaining other services once they list a felony conviction on an application, they cannot vote, and often application for expungement of the record is refused.