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

Felony DUI

The deciding factors at a glance

FactorMisdemeanorFelony
Injury to othersNoYes (serious)
Death involvedNoYes
Prior DUIs0-2 (varies)3+ (varies)
Child in vehicleNoOften yes
Typical custodyCounty jailState 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