When is DUI a misdemeanor vs. a felony? In the United States driving under the influence or DUI (sometimes called DWI for driving while intoxicated or OUI or operating under the influence) is much more commonly charged as a misdemeanor rather than a felony.
One definition of a felony is a crime that is typically punishable by at least one year in prison or by death; crimes such as murder, rape, treason, drug possession or aggravated assault are examples of felonies. Misdemeanors are much less serious and often involve sentences that are under one year in jail. Several examples include petty theft, trespass and assault.
How can DUI be both?
Well, a single DUI incident can't be both a misdemeanor or a felony at the same time but it can be charged one way or the other, depending on other circumstances that surrounded the arrest. Laws are different from state to state, but in general if any or some of these circumstances exist, you can expect your DUI charge to be escalated to a felony:
- If this is a repeat offense; your fourth DUI often results in felony charges
- Time lapsed between DUI arrests is under 10 years; some states look back 10 years others your entire driving life
- The driver killed another person in an accident involving drug or alcohol impairment
- The driver injured another person in an accident involving drug or alcohol impairment
- The driver had minor children in the car at the time of the DUI
-
Blood Alcohol Concentration considerably higher than .08
Punishment as Deterrent
In New York State, a first DWI offense (without when there are no aggravating circumstances such as death or injury to another person) is a misdemeanor that is punishable with up to one year in jail, driver's license revoked for at least 6 months and fines of up to $1,000.
- Get arrested a second or third time in 10 years for DWI in New York and you are charged with a felony.
- Prison time increases to up to 4 years for 2nd offense
- Prison time increases to up to 7 years for 3rd offense
- Driver's license revoked for at least 1 year for 2nd and 3rd offenses
- Fines up to $5,000 for 2nd offense and up to $10,000 for a third offense
New York, like many other states have stiff first time DUI/DWI penalties and then sharply escalating penalties in order to motivate drivers to never get behind the wheel if they have been drinking. From the very first conviction, even at the misdemeanor level drivers experience financial hardship, loss of freedom with jail time, potential loss of employment, the loss of their driver's license for months, and usually have to attend an alcohol safety education program and may even have to have an ignition interlock device installed when they do get their licenses back.
Misdemeanor or Felony DUI
A DUI misdemeanor is so common in the US that every year about 1 in 139 drivers is arrested for driving under the influence of drugs or alcohol. Think about that the next time you are in a crowd; there might be 2 people watching the latest blockbuster movie with you who will be arrested for DUI within the year.
Over 11,000 people are killed each year in felony DUI accidents; that works out to about 1 person dying every 45 minutes.
Seek Legal Help for DUI
If you have been arrested for DUI, or are the victim of a DUI accident seek experienced legal advice as soon as possible. An attorney who specializes in DUI can explain the laws in your state and protect your rights in court.
