{"id":286720,"date":"2016-04-04T10:45:08","date_gmt":"2016-04-04T15:45:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/felony-dui.html"},"modified":"2026-04-01T13:38:55","modified_gmt":"2026-04-01T18:38:55","slug":"felony-dui","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/felony-dui.html","title":{"rendered":"Is DUI a Felony or Misdemeanor?"},"content":{"rendered":"\n
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Is DUI a Felony or Misdemeanor?<\/h1>\n\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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DUI can be classified as either a misdemeanor or felony, depending on specific circumstances and state laws. Most first-time<\/span> DUI offenses<\/span> without injuries are misdemeanors, but factors like prior convictions, serious injury or death, child endangerment, or extremely high blood alcohol content<\/span> can elevate charges to felonies. The classification significantly impacts potential penalties<\/span>, with felonies carrying harsher consequences.<\/p>\n\n <\/div>\n\n\n\n

Driving under the influence (DUI) or driving while intoxicated\/impaired (DWI) is typically considered a crime in the United States. But the legal system doesn’t treat all DUI\/DWI offenses the same way. Some are misdemeanors, which are less serious crimes. Others are felonies, which are more serious.<\/p>\n

Understanding the difference is key to understanding your rights. In this article, see the key differences between felony and misdemeanor DUI\/DWIs. State law governs these charges, so the specific implications will depend on your jurisdiction<\/a>.<\/p>\n

If you\u2019re facing a DWI\/DUI, consider speaking with a DUI defense attorney <\/a>licensed in your state. They can help you understand your options, which may be more encouraging than you might expect.<\/p>\n

Learn about DUI charges below:<\/p>\n