When a DUI Becomes a Felony in Each State (2026)
The offense count, look-back period or circumstances that make a DUI or DWI a felony in each state.
| State | When a DUI is a felony |
|---|---|
| Alabama | A fourth or later DUI conviction is a Class C felony, punishable by a fine of $4,100 to $10,100 and 1 year and 1 day to 10 years in prison (with at least 10 days served in the county jail). Prior DUI convictions count if they occurred within 10 years of the current offense. Once a person has a felony DUI conviction, every later DUI is treated as a felony no matter how long ago the earlier felony was. Separately, causing serious physical injury to another person while driving under the influence is first-degree assault, a Class B felony. Having a child under 14 in the vehicle doubles the minimum punishment but does not by itself make the offense a felony. Code of Ala. § 32-5A-191(h), (j), (p); § 13A-6-20(a)(5), (b) |
| Alaska | DUI is a class C felony if the person has two or more prior DUI-type convictions since January 1, 1996 and within the 10 years before the current offense, or if the person received felony DUI or felony refusal punishment within the last 10 years. A felony DUI carries a fine of at least $10,000, at least 60 months of ignition interlock after the license is restored, and mandatory jail time that rises with the number of prior convictions (for example, at least 120 days with two priors). Alaska Stat. § 28.35.030(n) |
| Arizona | DUI becomes 'aggravated DUI,' a felony, when the driver: (1) commits a DUI while the license is suspended, canceled, revoked, refused or restricted because of an earlier DUI; (2) commits a third or later DUI violation within 84 months (7 years); (3) commits a DUI while a child under 15 is in the vehicle; (4) commits a DUI while required to have an ignition interlock device; or (5) commits a DUI while driving the wrong way on a highway. Most of these are class 4 felonies; the child-passenger version is a class 6 felony. Some versions carry at least 4 months in prison before any release. Ariz. Rev. Stat. § 28-1383(A), (D), (O) |
| Arkansas | A fourth DWI within 10 years of the first offense is an unclassified felony (1 to 6 years in prison, or 2 to 6 years if a passenger under 16 was in the vehicle). A fifth or later DWI within 10 years is an unclassified felony with 2 to 10 years (3 to 10 with a passenger under 16). A sixth or later DWI within 20 years of the first offense is a Class B felony. First through third offenses are misdemeanors, with longer minimum jail terms when a passenger under 16 was in the vehicle. Out-of-state DWI convictions count as prior offenses. Ark. Code Ann. § 5-65-111 |
| California | A DUI can be charged as a felony when: (1) it is a fourth DUI within 10 years (the new offense occurred within 10 years of three or more prior DUI or 'wet reckless' convictions); (2) the person has a prior felony DUI, felony DUI-with-injury, or vehicular manslaughter while intoxicated conviction within 10 years; (3) the person has any prior conviction for gross vehicular manslaughter while intoxicated; or (4) the DUI causes bodily injury to someone else, which can be punished by state prison even on a first offense. These offenses can also be punished with county jail instead, depending on the case. A fourth-offense or prior-felony DUI also brings a 3-year 'habitual traffic offender' designation and a license revocation. Cal. Veh. Code §§ 23550, 23550.5, 23554 |
| Colorado | A DUI, DUI per se or DWAI is a class 4 felony when the person has three or more previous DUI, DUI per se or DWAI convictions (2 to 6 years in prison and 3 years of parole). Separately, vehicular assault while DUI (causing serious bodily injury) is a class 4 felony, and vehicular homicide while DUI is a class 3 felony. C.R.S. §§ 42-4-1301, 42-4-1307; §§ 18-3-205, 18-3-106 (as summarized by Colorado Legislative Council Staff) |
| Connecticut | Connecticut law defines a felony as any offense that can be punished by more than one year in prison. Under the DUI statute, a second DUI within 10 years can bring up to 2 years in prison (120 days mandatory), and a third or later DUI within 10 years can bring up to 3 years (1 year mandatory) plus permanent license revocation, so repeat DUIs within 10 years carry felony-level prison terms. A first DUI carries up to 6 months. Separately, causing serious physical injury while driving under the influence is assault in the second degree with a motor vehicle (class D felony), and causing a death is manslaughter in the second degree with a motor vehicle (class C felony). Conn. Gen. Stat. §§ 14-227a(g), 53a-25(a), 53a-60d, 53a-56b |
| Delaware | A third DUI at any time after two prior offenses is a class G felony (1 to 2 years in prison, the first 3 months not suspendable, and a fine up to $5,000). Penalties rise with each later offense: a fourth or fifth offense is a class E felony, a sixth is a class D felony, and a seventh or later is a class C felony (5 to 15 years). There is no time limit on counting prior offenses for these felony levels. A first offense and a second offense within 10 years are not felonies. 21 Del. C. § 4177(d)(3)-(7) |
| District of Columbia | The District's DUI penalty law does not make a repeat DUI a felony. A first DUI carries up to 180 days in jail; a DUI with one or more prior DUI, DWI or impaired-driving offenses carries up to 1 year, with mandatory minimum jail terms that rise with the number of priors and the alcohol level, and an extra 30 days mandatory for each violation once a person has 3 priors. Separate crimes, such as homicide or assault committed with a vehicle, are handled under other laws. D.C. Code §§ 50-2206.13, 50-2206.15 |
| Florida | DUI is a third-degree felony when it is: (1) a third DUI conviction for an offense within 10 years of a prior DUI conviction; (2) a fourth or later DUI conviction, no matter when the earlier convictions happened; or (3) a DUI that causes or contributes to serious bodily injury to another person. A DUI that causes a death is DUI manslaughter, a second-degree felony, or a first-degree felony if the driver knew or should have known of the crash and failed to give information and render aid, or has a prior DUI manslaughter or vehicular homicide conviction. Fla. Stat. § 316.193(2)(b), (3)(c) |
| Georgia | A fourth or later DUI conviction within 10 years is a felony (1 to 5 years in prison, of which all but 90 days may be suspended or probated, and a $1,000 to $5,000 fine). The 10 years are measured from the arrest dates of the earlier offenses to the current arrest, and a nolo contendere plea counts as a conviction. Only convictions or nolo pleas on or after July 1, 2008 count toward the felony. A first or second conviction is a misdemeanor and a third is a 'high and aggravated' misdemeanor. O.C.G.A. § 40-6-391(c), (c)(4), (c)(6)-(7) |
| Hawaii | 'Habitually operating a vehicle under the influence of an intoxicant' is a class C felony. It applies when a person drives under the influence (or with a .08 or higher alcohol level) after having been convicted two or more times of OVUII within the 10 years before the new offense, or once of the habitual offense within 10 years. The sentence is either an indeterminate 5-year prison term or 5 years of probation that includes a 3- to 5-year license revocation with ignition interlock, at least 10 days in jail and a $2,000 to $5,000 fine. Convictions that have been expunged by pardon, reversed or set aside do not count. Haw. Rev. Stat. § 291E-61.5 |
| Idaho | A DUI is a felony (up to 10 years in prison and up to a $5,000 fine) when the person has two or more prior DUI violations within 10 years, counting withheld judgments and completed DUI diversion programs. Once a person has a felony DUI or aggravated DUI (or certain related vehicular offenses), any further DUI within 15 years is also a felony. Separately, 'aggravated DUI' — causing great bodily harm, permanent disability or permanent disfigurement to another person while driving under the influence — is a felony. Idaho Code §§ 18-8005(6), (9); 18-8006(1) |
| Illinois | DUI becomes 'aggravated DUI,' a felony (generally Class 4), when, among other things: it is the person's third or later DUI; it causes great bodily harm, permanent disability or disfigurement to another person; it causes a death; the driver was driving a school bus with passengers or a for-hire vehicle with passengers; the driver's license was suspended or revoked for an earlier DUI, refusal or reckless homicide; the driver had no valid license or permit or knew the vehicle was uninsured; it is a second DUI committed while transporting a child under 16; or it caused bodily harm to a child under 16 being transported. A third violation is a Class 2 felony, a fourth is a Class 2 felony with no probation, and a fifth is a Class 1 felony with no probation; penalties are higher still for later violations and for fatal crashes. 625 ILCS 5/11-501(d) |
| Indiana | Operating while intoxicated (OWI) is a Level 6 felony when: (1) the person has a previous OWI conviction within the 7 years before the new offense; or (2) the driver is 21 or older, drives with a .15 or higher alcohol level, with a schedule I or II controlled substance in the blood, or while intoxicated in a way that endangers a person, and has a passenger under 18. It is a Level 5 felony if the person has a prior conviction for OWI causing serious bodily injury, death or catastrophic injury. OWI causing serious bodily injury is a Level 5 felony (Level 4 with a prior OWI within 5 years), and OWI causing death or catastrophic injury is a Level 4 felony. Ind. Code §§ 9-30-5-3, 9-30-5-4, 9-30-5-5 |
| Iowa | A third or later OWI offense is a class 'D' felony, punishable by an indeterminate prison term of up to 5 years (30 days mandatory minimum), a fine of $3,125 to $9,375, and a 6-year license revocation. A person convicted of a third or later offense may also be sentenced as a habitual offender if they qualify. A first offense is a serious misdemeanor and a second offense is an aggravated misdemeanor. Iowa Code § 321J.2(2), (5) |
| Kansas | A third DUI conviction is a severity level 6, nonperson felony if the person has a prior DUI conviction within the preceding 10 years (not counting time spent incarcerated); otherwise a third conviction is a class A misdemeanor. A fourth or later DUI conviction is always a severity level 6, nonperson felony. For counting prior offenses, DUI convictions and DUI diversions on or after July 1, 2001 are taken into account. K.S.A. 8-1567(b)(1)(C)-(E), (i)(1) |
| Kentucky | A fourth or later DUI offense within a 10-year period is a Class D felony. If an aggravating circumstance is present (the statute's list includes, for example, transporting a passenger under 12), the mandatory minimum jail term is 240 days with no early release. First, second and third offenses within 10 years are misdemeanors. Prior DUI convictions from Kentucky and other states count. KRS 189A.010(5)(d)-(e), (11) |
| Louisiana | A third DWI (operating while impaired) offense is a felony: it carries a $2,000 fine and 1 to 5 years in prison, with or without hard labor, and at least 1 year must be served without parole, probation or suspension (unless the person is accepted into a drug division probation program). Louisiana defines a felony as any crime that can be punished by death or imprisonment at hard labor. A fourth or later offense is sentenced under a separate, harsher section (R.S. 14:98.4). Prior DWI convictions count if committed within 10 years before the new offense, not counting time the person spent incarcerated, on probation or parole for DWI, or awaiting trial. Convictions for vehicular homicide, third-degree feticide and vehicular negligent injuring also count as prior offenses. La. R.S. 14:98.3(A); 14:98; 14:2(A)(4) |
| Maine | Maine classifies crimes by letter rather than calling them felonies; the Class C and Class B OUI offenses are the ones the state's OUI guide refers to as 'felony OUI.' OUI is a Class C crime when the person has 2 previous OUI offenses within 10 years (at least 30 days in jail and a fine of at least $1,100) or 3 or more within 10 years (at least 6 months and $2,100). It is a Class C crime when the OUI causes serious bodily injury, and a Class B crime when it causes a death or when the person has any prior Class B or C OUI conviction or prior OUI-related criminal homicide conviction, no matter how long ago. 29-A M.R.S. § 2411(1-A)(D), (5)(C)-(D-2) |
| Maryland | Under Maryland's DUI law, driving under the influence or impaired is a misdemeanor, not a felony, even for repeat offenses. Violations of the Maryland Vehicle Law are misdemeanors unless the law specifically makes them felonies, and the DUI section does not. Penalties still increase with priors: DUI carries up to 1 year for a first offense and up to 2 years for a second, and transporting a minor raises those maximums to 2 and 3 years. Separate criminal laws covering deaths or injuries caused by an impaired driver were not reviewed for this field. Md. Code, Transp. §§ 21-902(a), 27-101(a) |
| Massachusetts | In Massachusetts a felony is any crime that can be punished by state prison. A third OUI offense (two prior OUI convictions or alcohol-program assignments) can be punished by 2.5 to 5 years in state prison, or 180 days to 2.5 years in a house of correction with at least 150 days served, so it is a felony. Fourth and later offenses carry higher state prison terms (up to 10 years for a ninth or later offense). OUI that causes serious bodily injury while driving recklessly or negligently can also be punished by 2.5 to 10 years in state prison. M.G.L. c. 90, §§ 24(1)(a)(1), 24L; M.G.L. c. 274, § 1 |
| Michigan | Operating while intoxicated (OWI) is a felony when: (1) it is a third or later offense — the person has 2 or more prior convictions, no matter how long ago (1 to 5 years in prison, or probation with 30 days to 1 year in jail, plus a $500 to $5,000 fine); (2) a child under 16 is in the vehicle and the person has a prior conviction within 7 years or 2 or more prior convictions at any time; (3) the OWI causes serious impairment of a body function of another person (up to 5 years, or up to 10 years with a .17 or higher alcohol level and a prior conviction within 7 years); or (4) the OWI causes a death (up to 15 years, or up to 20 years in certain cases). A first-offense OWI with a child under 16 in the vehicle is a misdemeanor. MCL 257.625(4), (5), (7)(a), (9)(c) |
| Minnesota | First-degree DWI is a felony (up to 7 years in prison and/or a $14,000 fine, plus mandatory penalties). It applies when the person: (1) commits DWI within 10 years of the first of three or more 'qualified prior impaired driving incidents' (prior DWI convictions or impaired-driving license revocations), so it is generally a fourth DWI incident within 10 years; (2) has a previous felony DWI conviction; or (3) has a previous felony conviction for substance-related criminal vehicular homicide or injury. Minn. Stat. § 169A.24, subds. 1-2; § 169A.03, subd. 22 |
| Mississippi | DUI is a felony when: (1) it is a third conviction with the offenses committed within 5 years ($2,000 to $5,000 fine and 1 to 5 years); (2) it is a fourth or later conviction, regardless of when the earlier offenses happened ($3,000 to $10,000 and 2 to 10 years); (3) it is 'aggravated DUI' — negligently causing the death, mutilation, disfigurement or permanent disability of another person (5 to 25 years for each victim); (4) it is DUI child endangerment that is a third or later conviction, or that results in the serious injury or death of a child (5 to 25 years); or (5) a commercial driver's license holder operates a commercial vehicle at .08 or more. Miss. Code Ann. § 63-11-30(2)(c)-(d), (5), (12) |
| Missouri | DWI becomes a felony based on the driver's prior record or the harm caused. It is a class E felony for a 'persistent offender' (two or more prior intoxication-related traffic offenses, or one involving injury or death); a class D felony for an 'aggravated offender' (three or more priors) or when the DWI causes physical injury through criminal negligence; a class C felony for a 'chronic offender' (four or more priors) or when it causes serious physical injury; and a class B felony for a 'habitual offender' (five or more priors) or when it causes a death. Causing a death can be a class A felony in some cases, including for someone already found guilty of a class B DWI. The offender categories use prior offenses committed on separate occasions, with no time limit except for the 'prior offender' (misdemeanor) level, which uses a 5-year window. RSMo §§ 577.010.2, 577.001 |
| Montana | A 4th or subsequent DUI is a felony in Montana. It applies when the person has three or more prior convictions for DUI, aggravated DUI, or certain related offenses (such as vehicular homicide while under the influence or negligent vehicular assault). For a 3rd or later offense, all previous convictions count, not just those within 10 years. A conviction for vehicular homicide while under the influence (45-5-106) or vehicular assault (45-5-107) also triggers the felony penalty. Penalties: 13 months to 2 years committed to the Department of Corrections (with possible placement in a residential alcohol treatment program), followed by a 5-year suspended prison term, and a $5,000 to $10,000 fine. Repeat felony offenders can get up to 10 years in state prison. MCA 61-8-1008, 61-8-1011(1)(b) |
| Nebraska | DUI becomes a felony in Nebraska in these cases: (1) a 3rd offense (two prior convictions) with a BAC of 0.15 or more, or with a refused chemical test, is a Class IIIA felony; (2) a 4th offense (three prior convictions) is a Class IIIA felony, or a Class IIA felony with at least 1 year in prison if BAC was 0.15+ or the person refused testing; (3) a 5th or later offense is a Class IIA felony (minimum 2 years), or a Class II felony at 0.15+ or with a refusal; (4) a DUI that causes serious bodily injury to another person is a Class IIIA felony. Prior convictions count if they fall within 15 years of the current offense. Felony DUI also brings a license revocation of up to 15 years. Neb. Rev. Stat. 60-6,197.03, 60-6,197.02, 60-6,198 |
| Nevada | In Nevada, a 3rd DUI within 7 years is a category B felony, with 1 to 6 years in state prison and a $2,000 to $5,000 fine. Any later DUI after a prior felony DUI (or after a DUI-related homicide or a DUI causing death or substantial bodily harm) is also a category B felony, with 2 to 15 years in prison. A DUI that causes death or substantial bodily harm to another person is a category B felony on a first offense. If someone died, the prison term is 2 to 25 years, with longer minimums when the driver has prior offenses. NRS 484C.400(1)(c), 484C.410, 484C.430 |
| New Hampshire | DWI becomes a felony in New Hampshire in two main situations: (1) aggravated DWI that causes a collision resulting in serious bodily injury to the driver or another person is a class B felony; and (2) a 4th or later DWI offense, where the prior convictions fall within 10 years, is a felony. A felony 4th offense also brings indefinite license revocation, and the person cannot petition to reapply for at least 7 years. RSA 265-A:18, I(c) and IV(c); RSA 265-A:3, I(b) and II(b) |
| New Jersey | In New Jersey, DWI itself is never a felony, or even a crime. The New Jersey Supreme Court has said DWI is a motor-vehicle offense, not a crime under New Jersey law, no matter how many prior offenses the person has. The state uses separate criminal statutes when a DWI results in injury or death: death by auto (N.J.S.A. 2C:11-5) and assault by auto (N.J.S.A. 2C:12-1(c)). For those crimes, driving while intoxicated allows an inference of recklessness and can increase the penalties. State v. Denelsbeck (A-42-14, decided May 12, 2016); N.J.S.A. 39:4-50; N.J.S.A. 2C:11-5, 2C:12-1(c) |
| New Mexico | In New Mexico, a 4th or 5th DWI conviction is a fourth-degree felony. A 6th or 7th is a third-degree felony, and an 8th or later is a second-degree felony. Felony DWI cases are heard only in district court. Separately, killing someone or causing great bodily harm while driving under the influence (homicide or great bodily harm by vehicle) is a second-degree felony. NMSA 1978, 66-8-102(G)-(K); 66-8-101(C) |
| New York | In New York, a 2nd DWI, Aggravated DWI (BAC 0.18+), DWAI-Drug or DWAI-Combination violation within 10 years is a class E felony. A 3rd within 10 years is a class D felony. A driver convicted of Aggravated DWI, DWI, DWAI-Drug, DWAI-Combination, vehicular assault or certain related offenses three or more times in the preceding 15 years is also guilty of a class D felony. Under Leandra's Law, driving under the influence of alcohol or drugs with a child 15 or younger in the vehicle is a class E felony, even on a first offense. VTL 1192, 1193 (as summarized by NY DMV); VTL 1192(2-a)(b) (Leandra's Law) |
| North Carolina | In North Carolina, 'habitual impaired driving' is a Class F felony. It applies when a person drives while impaired and has three or more prior impaired-driving convictions within 10 years of the new offense. It carries a minimum active prison term of 12 months, which cannot be suspended, plus permanent license revocation and possible forfeiture of the vehicle. Impaired driving that causes death or serious injury is also a felony: felony serious injury by vehicle is a Class F felony, aggravated felony serious injury by vehicle is a Class E felony, felony death by vehicle and aggravated felony death by vehicle are Class D felonies, and repeat felony death by vehicle is a Class B2 felony. N.C.G.S. 20-138.5; 20-141.4 |
| North Dakota | In North Dakota, a 4th or later DUI (or chemical-test refusal) within 15 years is a class C felony. The 1st and 2nd offenses within 7 years are class B misdemeanors, and a 3rd within 7 years is a class A misdemeanor. A DUI that causes another person's death (criminal vehicular homicide) is a class A felony with at least 3 years' imprisonment. A DUI that causes substantial or serious bodily injury (criminal vehicular injury) is a class B felony with at least 1 year and 1 day. DUI with a minor in the vehicle is a class A misdemeanor, but becomes a class C felony if the person has a prior conviction for that offense. N.D.C.C. 39-08-01(3), 39-08-01.2, 39-08-01.4 |
| Ohio | OVI becomes a fourth-degree felony in Ohio when the offender has three or four prior OVI (or equivalent) convictions within 10 years, five or more within 20 years, or a prior repeat-OVI-offender specification. Anyone who already has a felony OVI conviction is guilty of a third-degree felony for any later OVI, no matter how long ago the earlier felony was. Felony OVI carries mandatory prison or local incarceration terms set out in the statute. R.C. 4511.19(G)(1)(d)-(e) |
| Oregon | In Oregon, DUII is a Class C felony if the person has been convicted of DUII (or a comparable out-of-state impaired-driving offense) at least two times in the 10 years before the current offense. Once someone has been sentenced for felony DUII, the 10-year limit no longer applies, and any later DUII is a Class C felony no matter how much time has passed. Felony DUII carries a mandatory minimum of 90 days of incarceration. ORS 813.011 |
| Pennsylvania | In Pennsylvania, DUI becomes a third-degree felony when the person has three or more prior offenses, or a prior conviction for homicide by vehicle while DUI. It is also a third-degree felony for a person with two prior offenses who refused testing or violated the highest-BAC or controlled-substance provisions (section 3802(c) or (d)); with three or more priors, that offense is a second-degree felony. DUI with a minor under 18 in the vehicle is a third-degree felony if the person has two or more prior offenses. Prior offenses generally count if they occurred within 10 years before the current offense. Certain prior diversion-related violations under section 3802(h)(1) can also raise the grade. 75 Pa.C.S. 3803(a)(3)-(4), (b)(4.1), (b)(5); 3806(b) |
| Rhode Island | In Rhode Island, a 3rd or later DUI within 10 years is a felony, with at least 1 year of imprisonment and higher minimums at higher BAC levels. Driving under the influence while your license is suspended, revoked or cancelled for a prior DUI is a felony punishable by up to 3 years. A 2nd or later DUI with a child under 13 in the vehicle is a felony punishable by up to 5 years. DUI resulting in death is punished by 5 to 15 years in state prison (10 to 20 years for a repeat within 5 years). DUI resulting in serious bodily injury is punished by 1 to 10 years (2 to 15 years for a repeat within 5 years). R.I. Gen. Laws 31-27-2(d)(3)-(4), (d)(5)(ii); 31-27-2.2; 31-27-2.6 |
| South Carolina | South Carolina law creates a separate offense of 'felony driving under the influence.' It applies when a driver under the influence of alcohol and/or drugs does something forbidden by law (or neglects a legal duty) that causes great bodily injury or death to another person. Penalties are a $5,100 to $10,100 fine and 30 days to 15 years in prison for great bodily injury, and a $10,100 to $25,100 fine and 1 to 25 years for death. Repeat ordinary DUI carries escalating penalties: a 3rd offense brings 60 days to 3 years, and a 4th or later offense brings 1 to 5 years. Prior offenses count if they were within 10 years. S.C. Code 56-5-2945; 56-5-2930(A)(3)-(4), (D) |
| South Dakota | In South Dakota, a 3rd DUI offense is a Class 6 felony, a 4th is a Class 5 felony, and a 5th or later is a Class 4 felony. Each comes with a mandatory license revocation: at least 1 year for a 3rd, 2 years for a 4th, and 3 years for a 5th or later. Prior DUI convictions count only if they occurred within 10 years before the new violation, and time spent incarcerated for an earlier violation is not counted toward the 10 years. SDCL 32-23-4, 32-23-4.6, 32-23-4.7, 32-23-4.1 |
| Tennessee | In Tennessee, a 4th DUI conviction is a Class E felony, with at least 150 consecutive days of incarceration. A 5th is a Class D felony, and a 6th or later is a Class C felony. If a child under 18 was in the vehicle and suffers serious bodily injury as a result of the DUI, the driver commits a Class D felony (punished as vehicular assault). If the child is killed, it is a Class B felony (punished as vehicular homicide involving intoxication). T.C.A. 55-10-402(a)(4)-(6), (b)(2)-(3) |
| Texas | In Texas, DWI is a third-degree felony if the person has two prior convictions for an intoxication-related offense (operating a motor vehicle, aircraft, watercraft or amusement ride while intoxicated), or one prior conviction for intoxication manslaughter. Driving while intoxicated with a passenger younger than 15 is a state jail felony, even on a first offense. Intoxication assault (causing serious bodily injury) is a third-degree felony, and intoxication manslaughter (causing death) is a second-degree felony. Both can be raised to higher felony grades in certain cases, such as when the victim is a peace officer, firefighter or EMS worker, or when more than one person is killed. Texas Penal Code 49.09(b), 49.045, 49.07, 49.08 |
| Utah | In Utah, DUI is a third-degree felony if the person has two or more prior DUI-related convictions, each within 10 years of the current conviction or of the date of the current offense. It is also a third-degree felony if the current conviction comes at any time after a prior felony DUI conviction, including one later reduced under Utah Code 76-3-402. DUI-related convictions include DUI, impaired driving, driving with a measurable controlled substance, and automobile homicide (76-5-207), among others. Utah Code 41-6a-502(2)(c); 41-6a-501(2) |
| Vermont | Vermont makes any offense punishable by more than 2 years in prison a felony. Under that rule, DUI is a felony in these cases: a 3rd offense (two prior DUI convictions, at least one within the last 20 years), punishable by up to 5 years and a $2,500 fine, with at least 96 consecutive hours that must be served; a 4th or later offense, up to 10 years and $5,000, with at least 192 hours served; DUI causing serious bodily injury to someone other than the driver, up to 15 years; and DUI causing death, 1 to 15 years, with at least 5 years generally required if the driver has two or more prior DUI convictions. 23 V.S.A. 1210(d)-(g); 13 V.S.A. 1 |
| Virginia | In Virginia, a 3rd DUI offense committed within 10 years is a Class 6 felony. It carries a mandatory minimum of 90 days in jail (6 months if all three offenses were within 5 years) and a $1,000 minimum fine. A 4th or later offense within 10 years requires at least 1 year of imprisonment. Any DUI after a prior felony DUI, or after a conviction under certain intoxication-related manslaughter or maiming statutes (Va. Code 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5), is also a Class 6 felony, with at least 1 year of imprisonment. A vehicle solely owned and driven by the accused in a felony DUI is subject to forfeiture. Va. Code 18.2-270(C) |
| Washington | In Washington, DUI is a class B felony if the person has three or more prior offenses within 15 years (as defined in RCW 46.61.5055). It is also a class B felony if the person has ever been convicted of vehicular homicide or vehicular assault while under the influence (or a comparable out-of-state offense), or of a previous felony DUI or felony physical control. Otherwise, DUI is a gross misdemeanor. RCW 46.61.502(5)-(6) |
| West Virginia | In West Virginia, DUI is a felony in these cases: (1) a 3rd or later DUI offense (two or more prior convictions within the 10-year lookback) brings 2 to 5 years in a state correctional facility and lifetime license revocation (or participation in the test-and-lock program); (2) DUI that causes serious bodily injury to another person brings 2 to 10 years; (3) DUI that causes a death brings 3 to 15 years; and (4) DUI with deliberate disregard for the safety of others that causes a death brings 5 to 30 years. For a death to be charged, it must occur within one year of the offense. W. Va. Code 17C-5-2(b)(1)-(2), (c), (m), (n) |
| Wisconsin | In Wisconsin, a 4th OWI offense is a Class H felony, with a minimum fine of $600 and at least 60 days of imprisonment. A 5th or 6th offense is a Class G felony, a 7th through 9th is a Class F felony with at least 3 years of initial confinement, and a 10th or later is a Class E felony. Offenses are counted over the person's lifetime, including prior OWI convictions, related suspensions and revocations, and convictions for homicide or great bodily harm by intoxicated use of a vehicle. A 3rd or later OWI with a passenger under 16 in the vehicle is also a felony, with doubled penalties. Causing injury while OWI is a Class H felony if the person has a prior OWI-related conviction, suspension or revocation. Wis. Stat. 346.65(2)(am)4.-7., (2)(f), (3p) |
| Wyoming | In Wyoming, a 4th or later DUI conviction within 10 years is a felony, punishable by up to 7 years in prison, a fine of up to $10,000, or both. A DUI that causes serious bodily injury to another person is punishable by up to 10 years and a $2,000 to $5,000 fine, or up to 20 years for a repeat offense under that subsection. DUI with a child passenger under 16 is punishable by up to 1 year for a first conviction and up to 5 years for a repeat conviction. W.S. 31-5-233(e), (h), (m) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.