A DUI can be classified as either a felony DUI or a misdemeanor DUI. The difference between the two is the severity of the crime and the consequent punishments. A drunk driver is generally charged with a felony DUI if he or she is involved in an accident, kills or injures another person or if he or she is arrested for a fourth DUI charge in 10 years. Usually, the first three drunk driving arrests are misdemeanors. Felony charges often result in jail time, but each state is allowed to make up its own rules regarding the specific penalties.