Drunk driving can be charged as either a misdemeanor or a felony, and which one you face comes down to a handful of deciding factors. Here is a clear side-by-side to settle the question.
The quick answer
A first-time DUI with no injuries is usually a misdemeanor. It becomes a felony when an aggravating factor — injury, death, repeat offense, or a child in the car — is added.
Misdemeanor DUI
- Typically a first or second offense.
- No serious injury or death.
- Penalties: fines, license suspension, probation, alcohol classes, possible county jail.
- Serious, but not a felony record.
Felony DUI
- Caused serious injury or death.
- Repeat offense (often 3rd or 4th).
- Child passenger in the vehicle.
- Driving on a DUI-suspended license.
- Penalties: state prison, large fines, long license revocation, permanent felony record.
The deciding factors at a glance
| Factor | Misdemeanor | Felony |
|---|---|---|
| Injury to others | No | Yes (serious) |
| Death involved | No | Yes |
| Prior DUIs | 0-2 (varies) | 3+ (varies) |
| Child in vehicle | No | Often yes |
| Typical custody | County jail | State prison |
People Also Ask
Can a misdemeanor DUI become a felony later?
Yes — a later DUI can be charged as a felony because of the earlier conviction counting as a prior.
Is a DUI a felony on your record forever?
A felony DUI conviction is generally permanent unless expunged or sealed, which is not available everywhere.
Bottom line
Felony or misdemeanor, every DUI is preventable. Marketers Against Drunk Driving is on a mission to make "plan your ride" the most shared message on the internet. Help us get there.
Disclaimer: This article is for general educational purposes and is not legal advice. DUI/DWI laws change often and vary by state and case. Consult a licensed attorney in your jurisdiction about your specific situation. Brought to you by Marketers Against Drunk Driving — using marketing for good. #marketersagainstdrunkdriving