Generally, offenses that appear on your criminal record are offenses your state categorizes as gross misdemeanors or felonies. So, if a first DUI offense is included in your state’s DUI laws as a gross misdemeanor or felony, it’s a fairly safe bet it’ll show up on your criminal record.

However, you should keep in mind that state laws change and legalese can get confusing, so it’s always best to consult a DUI lawyer before breathing a sigh of relief.

First-Offense DUI: Misdemeanor, Gross Misdemeanor, or Felony?

If you’ve been arrested for drunk driving for the first time, your charge will be a misdemeanor, gross misdemeanor, or felony depending on your state’s DWI or DUI laws.

In most states, a first DUI offense is a misdemeanor unless it involves extreme factors such as an accident, bodily injury, death, or a minor in the vehicle. At that point, the charge usually becomes a felony.

So, the line between misdemeanors and felonies seems pretty clear; it’s determining when a DUI or DWI charge becomes a gross misdemeanor that can get tricky.

Some states are fairly straightforward about gross misdemeanor drunk driving charges. For example, in Washington all DUI offenses are gross misdemeanors. Other states, however, can involve more fine print. Such is the case in Minnesota, where a first DUI offense becomes a gross misdemeanor if it involves certain aggravating factors.

The good news is that no matter how muddied the legalese might seem, you won’t be left in the dark. The arresting officer most likely will tell you what kind of charge the DUI is and the DUI lawyer you hire will know whether or not the charge is within the law and exactly which actions to take.