Driving under the influence is never a good idea. At worst, the National Highway Traffic Safety Administration (NHTSA) estimates that around 30% of traffic fatalities per year involve drunk drivers. Operating a vehicle while affected by drugs or alcohol might not always result in death. Still, the elevated risk of harm to yourself or others means that if caught, you could face some hefty penalties.
But when is a DUI a misdemeanor or felony? We created a guide to help clarify what you can expect if arrested for a DUI offense.
What Is a DUI?
Driving under the influence refers to operating a vehicle while impaired by an intoxicating substance, typically alcohol. However, you may also get charged with a DUI if you take illegal drugs or even prescription medication.
In some states, you could get charged with a DWI, which stands for driving while intoxicated or driving while impaired. In Wisconsin, Iowa, Michigan and Indiana, the term operating while intoxicated or OWI gets used. No matter the location, there are a common set of circumstances that lead to getting arrested and charged with a DUI.
Circumstances Leading to a DUI Charge
There are typically two ways in which a person can be charged with a DUI: impairment or per se
Per Se DUIs
Per se DUI is charged only on the basis of exceeding the predetermined legal limit for alcohol consumption while driving. In most states, this means having a blood alcohol content or BAC above 0.08%.
While the 0.08% percentage is the typical limit for most parts of the United States, Utah is an exception. There, the legal limit is 0.05% as of 2019. If the prosecution proves that your BAC is greater than the lawful limit, you would be guilty of DUI per se.
Per se laws also apply to drugs, with specific limits for individual drugs listed by the state as being illegal while driving.
Impairment DUIs
An impairment DUI is different from a per se in that the prosecution focuses on the quality of driving and the driver’s behavior. If the driver fails their field sobriety test, was shown to have driven erratically and there is proof that the driver consumed alcohol or drugs before operating their vehicle, the prosecution will use these as evidence of impaired driving.
Still, impairment DUI is not necessarily easy to prove, as each state has its own threshold for what constitutes impairment where BAC evidence is unavailable. For instance, in California, you can get convicted of a DUI if impaired to an “appreciable degree,” meaning you were so intoxicated that it impacted your ability to drive safely. However, it is also possible to be slightly impaired and deemed guilty of a misdemeanor DUI.
When Is a DUI a Misdemeanor?
A first DUI offense is often treated as a misdemeanor. In some states, it is possible to get charged with a DUI misdemeanor more than once, rather than immediately having it elevated to a felony. Even if misdemeanor punishments are not necessarily as harsh as felonies, they can still represent negative, life-altering consequences.
Should you be convicted of a misdemeanor DUI, you may face:
- Up to a full year of jail time
- Fine of hundreds or thousands of dollars
- Mandatory community service
- Alcohol education classes
- Probation from three to five years
- License suspension
- Having an ignition interlock device, or IID, in your vehicle
- Paying restitution for harm or property damage
Additionally, even a misdemeanor DUI can have consequences that extend beyond the courtroom. You will likely pay higher insurance rates, or will likely have the conviction on your record for many years.
Though most first-time offenders can expect leniency in situations where no one was harmed or there was no significant property damage, a DUI can be immediately elevated to a felony charge in certain circumstances.
Factors That Elevate a DUI from a Misdemeanor to a Felony
DUIs are always serious, but certain situations can significantly impact how a driver gets treated and the level of charges they could face in court.
Prior Convictions
It is quite common for states to have statutes that detail what charges drivers may face according to how many prior DUI convictions they already have on their records. For instance, some states might automatically allow a driver to be charged multiple times with a misdemeanor, with the charge elevated to a felony after the third or fourth time.
High BAC
Though operating a vehicle with a BAC of 0.08 is already a crime, many drunk driving collisions occur when drivers are doing so at two or three times the legal limit. Some states may elevate charges if your BAC is 0.15 or higher.
For instance, in Idaho, if your second DUI involves a BAC of 0.20 or greater and it is your second offense within five years, it is punishable with a mandatory minimum fine of $5,000 and 30 days to five years in prison, license suspension for one to five years and mandatory ignition lock.
Children in the Vehicle
In some states, a DUI where a minor younger than 16 is present can instantly result in a felony charge. In most cases, driving while under the influence with a child in the car results in not only DUI charges, but getting charged with child endangerment. For instance, in California, if you are convicted of felony child endangerment due to a DUI, you could serve up to six years in prison.
DUI While Driving on a Restricted, Suspended or Revoked License
Driving with a DUI, especially if convicted multiple times, often results in getting your license suspected or outright revoked. So it is not hard to imagine that a DUI combined with illegal driving will likely see misdemeanor charges elevated to felonies. In some states, like Arizona, driving without a license with a DUI is automatically a felony with mandatory prison time and getting your license revoked for years.
Losing your license due to a DUI or DWI conviction is inconvenient. However, continually driving when you are not supposed to, and while intoxicated, can only make things worse.
Causing Bodily Harm or Death
The most unfortunate situation where a DUI will likely lead to felony charges is where it involves serious bodily harm or at least one fatality. In some states, a driver might not only face a severe DUI conviction, but separate charges for each person harmed or killed due to their actions. The result could be serious prison time, hefty fines and mandatory restitution paid to victims or their families.
Wisconsin’s OWI Exception
While most states consider even a first-time DUI offense a misdemeanor, in Wisconsin, a first-time offense is a civil infraction, similar to a traffic ticket. There is no jail or prison time; you typically face a fine between $150 and $300. There are exceptions. For instance, if a minor under 16 is in the vehicle, the driver is automatically charged with a criminal offense. The state also elevates charges from misdemeanor to felony after two prior convictions.
Frequently Asked Questions (FAQs)
What is the full meaning of DUI?
DUI stands for “driving under the influence,” referring to the misdemeanor or felony act of operating a vehicle while impaired due to the consumption of drugs or alcohol.
What is the difference between DUI and DWI?
A DUI refers to driving while under the influence of drugs or alcohol, while a DWI means driving while impaired or intoxicated.
Do you lose your license for the first DUI?
It is possible to have your license suspended for even a first-time offense, though the amount of time depends on the state. Some DUI convictions can see a license suspended for anywhere from a few months to a few years.
Is jail time mandatory for a DUI?
It is possible to receive mandatory jail or prison time depending on the severity of the incident, such as bodily harm or loss of life or the number of prior convictions.
