{"id":286726,"date":"2016-08-04T11:08:52","date_gmt":"2016-08-04T16:08:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/when-is-a-dui-a-misdemeanor.html"},"modified":"2023-12-02T12:09:39","modified_gmt":"2023-12-02T17:09:39","slug":"when-is-a-dui-a-misdemeanor","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/when-is-a-dui-a-misdemeanor.html","title":{"rendered":"When Is a DUI a Misdemeanor?"},"content":{"rendered":"\n
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When Is a DUI a Misdemeanor?<\/h1>\n\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\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

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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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Generally, a first-offense DUI is a misdemeanor when the driver is 21 or older. Misdemeanor DUIs carry serious penalties. But a felony DUI is possible under certain circumstances. Aggravating factors, such as high blood alcohol concentration, can raise the charges. A second offense is also more likely to involve felony DUI charges.<\/p>\n\n <\/div>\n\n\n\n

Driving under the influence (DUI) of alcohol and drugs is dangerous. It can cause serious injury or death. To help reduce driving while intoxicated (DWI), states have been strengthening their DUI laws.<\/p>\n

Misdemeanor DUIs are crimes. Facing DUI charges of any kind is a good reason to meet with a criminal defense lawyer<\/a> who regularly handles DUI\/DWI cases. An attorney can give you advice for the next steps in the legal process. They can help you understand the consequences of a misdemeanor DUI and potential ways to avoid or lower the penalties.<\/p>\n

How Misdemeanor DUI Cases Work<\/h2>\n

A misdemeanor<\/a> is a serious charge. Misdemeanors generally risk jail time, a fine, and probation. Some states, such as\u00a0Arizona<\/a>\u00a0and\u00a0Michigan<\/a>, have mandatory jail time for even a first offense.<\/p>\n

When a police officer arrests you on a DUI charge, you’re taken into custody and will likely spend at least one night in jail. Your driver’s license is typically confiscated upon your arrest. Your motor vehicle gets towed at your expense. The criminal charges will appear on your driving and criminal record.<\/p>\n

The officer will verify your blood alcohol concentration (BAC) with a highly calibrated breathalyzer or breath test at the police station. If your BAC is at or above your state’s legal limit, that state considers you\u00a0per se intoxicated<\/a>. They don’t need further evidence of your intoxication at this level. All states, except for Utah, have a per se intoxication level of 0.08% BAC. Utah has a legal limit of 0.05% BAC.<\/p>\n

You may also need to submit to blood, saliva, or urine tests that will look for illegal substances and establish your BAC. You are also per se intoxicated when any amount of a controlled substance appears in your chemical tests. A few states, such as\u00a0Colorado<\/a>,\u00a0Ohio<\/a>, and\u00a0Nevada<\/a>, do allow a small amount of cannabis or tetrahydrocannabinol (THC) or its metabolite.<\/p>\n

After your arraignment<\/a>, the jail may release you after posting a bond or bail. Occasionally, when facing a misdemeanor DUI and having no criminal record, a judge may release you\u00a0on your own recognizance<\/a>. This means you promise to return for all your court dates and do not have to post a bond.<\/p>\n

Aggravating Factors Can Upgrade the Charges<\/h2>\n

For an impaired driving offense, a misdemeanor DUI is typically charged for a first-time DUI offense for a person 21 or older without any\u00a0aggravating circumstances<\/a>. Aggravating circumstances will change the nature of your charge. While it may still fall within a misdemeanor charge, you will face much harsher penalties.<\/p>\n

What qualifies as an aggravating circumstance can vary by state, but often they include:<\/p>\n