Is a DUI a Felony?

In the states sampled here, a first impaired-driving offense without aggravating circumstances is generally a misdemeanor (or, in New York, the lowest-level impaired offense is a traffic infraction). It can become a felony based on prior offenses within a set number of years, a prior felony impaired-driving conviction, or causing death or serious injury. The number of prior offenses and the look-back period differ by state.

What the law says

In New York, a first driving-while-intoxicated violation is a misdemeanor, and driving while ability impaired is a traffic infraction. New York Vehicle and Traffic Law section 1193
In New York, driving while intoxicated after a prior qualifying conviction within the preceding ten years is a class E felony, and after two prior qualifying convictions within ten years it is a class D felony. New York Vehicle and Traffic Law section 1193
In Minnesota, fourth-degree driving while impaired is a misdemeanor, and second-degree driving while impaired (which involves aggravating factors) is a gross misdemeanor. Minnesota Statutes section 169A.27, Fourth-Degree Driving While Impaired
In Minnesota, driving while impaired becomes first-degree, a felony, if it occurs within ten years of the first of three or more qualified prior impaired driving incidents or if the person was previously convicted of a felony under that section; the maximum is seven years in prison, a $14,000 fine, or both. Minnesota Statutes section 169A.24, First-Degree Driving While Impaired
In Ohio, a first OVI offense is a misdemeanor of the first degree; it becomes a fourth-degree felony if, within ten years, the person has three or four prior violations (or five or more within twenty years), and a third-degree felony if the person has a prior felony OVI conviction. Ohio Revised Code section 4511.19
In Michigan, a first operating-while-intoxicated conviction is a misdemeanor; a violation after two or more prior convictions, regardless of how long ago, is a felony. Michigan Compiled Laws section 257.625
In Michigan, operating while intoxicated and causing the death of another person is a felony punishable by up to 15 years, and causing serious impairment of a body function is also a felony. Michigan Compiled Laws section 257.625
In California, a first DUI conviction under Vehicle Code 23152 is punishable by 96 hours to six months in county jail and a fine of $390 to $1,000. California Vehicle Code section 23536
In California, a DUI within 10 years of three or more prior DUI-related convictions may be punished by imprisonment under Penal Code section 1170(h) or by 180 days to one year in county jail. California Vehicle Code section 23550
In California, a first conviction for DUI causing bodily injury (Vehicle Code 23153) may be punished by imprisonment in state prison or 90 days to one year in county jail. California Vehicle Code section 23554

FAQ

Is a first DUI a felony?

In the states sampled here, a first offense without aggravating factors is generally a misdemeanor; for example, Ohio classifies a first OVI as a first-degree misdemeanor.

How many DUIs make it a felony?

It depends on the state. New York makes a second DWI within ten years a felony; Minnesota requires three or more qualified prior incidents within ten years; Michigan makes it a felony after two or more prior convictions.

Can a DUI be a felony if someone is hurt or killed?

Yes, in some states. Michigan makes operating while intoxicated and causing death or serious impairment of a body function a felony.

What is a gross misdemeanor DWI?

Minnesota has a middle category: second-degree driving while impaired, involving aggravating factors, is a gross misdemeanor.

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.

Is a DUI a Felony?

What the law says

FAQ

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