Is drunk driving a felony?

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Yes – at some point.

A simple citation for DUI (and by “simple” we mean one that involves only drunk driving and not additional crimes such as property or bodily damage or manslaughter) typically starts out as a misdemeanor. So, if you’re arrested for DUI (or, DWI) once, chances are you won’t have a felony charge.

However, depending on your state’s DUI laws, subsequent drunk driving arrests – or arrests involving additional crimes – are felonies.

You can use the grid below as a reference to find out when drunk driving charges become felony charges in your state, but always be sure to consult a DUI lawyer for accurate, up-to-date legal advice.

Yes
Alabama
x
4th conviction or when an accident with injury is involved.
Alaska
x
3rd offense or when bodily injury is involved.
Arizona
x
3rd or subsequent offense within 5 years or when a person younger than 15 is in the vehicle.
Arkansas
x
4th offense; when an accident is involved; or when children are in the vehicle.
California
x
4th arrest (if there are 3 prior convictions within the past 10 years); also, anyone already charged with a felony DUI that caused injury to another person in the last 10 years will be charged with a felony for any subsequent arrests within that time.
Colorado
x
3rd offense in 7 years or if an accident causing injury or death is involved.
Connecticut
x
When the BAC is .17 or higher, or if a crash in which a person is injured is involved.
Delaware
x
Any offense after the 3rd offense.
Florida
x
A 4th or subsequent conviction; the 3rd conviction within 10 years; when serious bodily injury is involved; or when the driver is deemed a habitual/violent felony offender.
Georgia
x
4th or subsequent convictions within 10 years.
Hawaii
x
When there are 3 or more convictions within the past 10 years.
Idaho
x
The 2nd offense within 5 years if BAC on both occasions is .20 or higher; the 3rd offense within 5 years; or the 4th offense within 10 years.
Illinois
x
The 2nd offense while transporting a child younger than 16; the 3rd offense; or when the incident involves no insurance, no license, an accident that causes serious injury or death, or a school bus driver transporting minor children.
Indiana
x
Repeat offenses over a 10-year period, including 2 offenses involving injury or death or 3 offenses including a blood alcohol level of .08 or higher.
Iowa
x
The 3rd offense, or when serious injury or death is involved.
Kansas
x
When involuntary manslaughter is involved.
Kentucky
x
4th offense.
Louisiana
x
2nd offense if the prior conviction is for Vehicular Homicide or First Degree Vehicular Injuring; 3rd offense.
Maine
x
When bodily injury or death is involved or when the offender has either a prior conviction for a felony OUI or OUI homicide.
Maryland
x
Only when or fatal injury is involved.
Massachusetts
x
3rd offense.
Michigan
x
3 convictions during a lifetime or when injury or death is involved.
Minnesota
x
4th offense in 10 years or when aggravating factors are involved.
Mississippi
x
3rd offense in 5 years or when death or disfigurement is involved.
Missouri
x
3rd offense.
Montana
x
4th or subsequent offense.
Nebraska
x
5th offense; when the BAC is above .15; or when injury is involved.
Nevada
x
When an accident resulting in death or substantial bodily harm is involved.
New Hampshire
x
When serious bodily injury (including injury to yourself) is involved.
New Jersey
x
All convictions are misdemeanors.
New Mexico
x
4th or subsequent conviction.
New York
x
2nd offense or first offense if a child younger than 16 is in the vehicle.
North Carolina
x
4th or subsequent conviction in 10 years or if death is involved.
North Dakota
x
5th or subsequent conviction in 7 years.
Ohio
x
4th or subsequent conviction.
Oklahoma
x
2nd conviction in 10 years; when bodily injury is involved; or when manslaughter is involved.
Oregon
x
3rd or subsequent conviction in 10 years.
Pennsylvania
x
3rd or subsequent conviction.
Rhode Island
x
3rd or subsequent conviction in 5 years.
South Carolina
x
4th and subsequent convictions, or when bodily harm or death is involved.
South Dakota
x
3rd or subsequent conviction in 5 years.
Tennessee
x
4th or subsequent conviction in 10 years; when a passenger younger than 13 is in the vehicle; or when aggravated vehicular assault or vehicular homicide and assault are involved.
Texas
x
3rd or subsequent conviction in 10 years or when a passenger younger than 15 is involved.
Utah
x
3rd or subsequent conviction in 10 years or when serious bodily injury or automobile homicide caused by operating the vehicle in a negligent manner is involved.
Vermont
x
3rd or subsequent conviction or when an accident involving injury or death is involved.
Virginia
x
3rd or subsequent conviction in 10 years or when involuntary manslaughter is involved.
Washington
x
All DUI offenses are gross misdemeanors.
West Virginia
x
3rd or subsequent conviction or when an accident involving injury or death is involved.
Wisconsin
x
5th or subsequent conviction or when vehicular homicide is involved.
Wyoming
x
4th or subsequent conviction in 5 years or when homicide by vehicle is involved.
Washington DC
x
When repeat offenses, serious injury, or death is involved.


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