The crime of driving under the influence (DUI) can be a felony in some severe cases. When it is a felony will depend on your state’s DUI laws. However, it is often a felony if you have a history of DUI convictions or if you caused a serious car accident. Felonies carry more prison time and other negative consequences.
What circumstances can make a DUI a felony?
Most DUIs are misdemeanors. However, in some circumstances, they can become a felony. When a DUI is a felony will depend on the laws of the state in which the driving offense occurred. Certain states, like Arizona, are known for having especially strict DUI laws. Generally, though, a felony DUI involves either of the following aggravating factors:
- a driver with several prior DUI convictions, or
- a severe car accident caused by the drunk or drugged driver.
When a DUI is a felony offense, the penalties of a conviction are considerably higher.
Hiring a criminal defense attorney for these cases is essential. A DUI defense attorney can help you invoke your rights and protect your future and your driving privileges after your DUI arrest.
Prior DUI convictions
DUIs are priorable offenses. This means that a prior DUI conviction can make a subsequent one worse. For example, a first-time DUI conviction would make the penalties of a second DUI conviction worse. At some point, prior DUI convictions will elevate a subsequent DUI charge to a felony offense.
Precisely when this happens will depend on the state. However, in California, a DUI can become a felony if you have:
- 3 DUI convictions in the last 10 years, or
- a prior felony DUI conviction.[1]
The first instance, a fourth DUI case in 10 years, is a wobbler that can be prosecuted as either a felony or as a misdemeanor DUI.
A serious car crash
DUIs are frequently elevated to felony offenses if you cause a serious car accident while under the influence. In many states, there have to be injuries or a fatality, not just property damage, for the accident to elevate the offense to a felony.
For example, in California, a DUI causing injury is a wobbler that is usually prosecuted as a felony offense. You can be charged with a DUI causing injury if you cause any injury to someone else. It does not need to be a serious injury, and it can be your first offense of DUI.[2]
What are some examples of felony DUIs?
Each state will have its own unique list of felony DUIs. However, they will generally cover much of the same types of conduct. California’s list of felony DUI offenses is fairly indicative of what you will find in other states:
- 3 DUI convictions in the last 10 years (Vehicle Code 23550.5 VC),
- a prior felony DUI conviction (Vehicle Code 23550.5 VC),
- DUI causing injury (Vehicle Code 23153 VC),
- vehicular manslaughter while intoxicated (Penal Code 191.5(b) PC), which is the offense of negligently causing a fatality while driving under the influence of drugs or alcohol,
- gross vehicular manslaughter while intoxicated (Penal Code 191.5(a) PC), which is the offense of causing a fatality while committing a DUI and while acting with gross negligence, and
- DUI causing death by second-degree murder (Penal Code 187 PC), which is the crime of causing a fatal accident while committing a DUI and acting with malice aforethought.
What are the penalties of a felony DUI?
The penalties of a conviction for a felony DUI offense will be higher than those for a misdemeanor DUI. Serious criminal charges for DUI, like vehicular homicide, can carry over a decade in prison.
By definition, a felony charge can carry over a year in prison. Misdemeanors, on the other hand, cannot.
Additionally, all of the following penalties are going to be more severe:
- criminal fines,
- probationary period,
- driver’s license suspension,
- community service requirements,
- DUI school requirements,
- IID (ignition interlock device) installation period, and
- restitution payments.
Furthermore, a felony conviction on your criminal record can cause a loss of the following civil rights:
- voting rights, and
- right to own or possess a firearm.
There will also be collateral consequences of a felony DUI conviction, like:
- losing your job due to a lack of reliable transportation,
- becoming ineligible for jobs that require a clean driver’s record,
- social stigmatization, and
- increased costs of auto insurance.
What is the difference between a felony and a misdemeanor?
The amount of potential jail time that would come with a conviction. Misdemeanor convictions can carry up to 1 year in jail. Felony convictions can carry a prison sentence of more than 1 year.
If you are facing a felony DUI charge, it is extremely important to hire a DUI lawyer from a reputable law firm.
Is there a difference between a DUI and a DWI?
In the vast majority of states, there is no practical difference between a DUI and a DWI.
The drunk driving laws of different states typically refer to the criminal offense of driving a vehicle while impaired by drugs or alcohol as one of the following:
- driving under the influence (DUI),
- driving while intoxicated (DWI),
- driving while impaired (DWI),
- operating under the influence (OUI),
- operating while impaired (OWI), or
- driving while under the influence (DWUI).
In nearly all states, these terms are interchangeable.
However, in a couple of states, like Oklahoma, there is a difference. There, a DUI is driving a motor vehicle with a blood alcohol content or blood alcohol concentration (BAC) at or above the legal limit.[3]
A DWI, meanwhile, is for alcohol impaired driving, with no regard to your BAC.[4]
Legal References:
[1] California Vehicle Code 23550.5 VC.
[2] California Vehicle Code 23153 VC.
[3] 47 Oklahoma Statute 11-902.
[4] 47 Oklahoma Statute 761.
