Felony DUI Charges: When Drunk Driving Becomes a Felony

While most DUI charges are misdemeanors, certain circumstances elevate drunk driving to felony status with dramatically increased penalties. Understanding when DUI becomes a felony—and the serious consequences involved—is critical for anyone facing these enhanced charges.

When DUI Becomes a Felony

Repeat offenses are the most common path to felony DUI. Most states elevate DUI to a felony after multiple convictions—typically the third or fourth offense within a specified period. Some states make any DUI within 10 years of a prior conviction a felony.

DUI causing injury or death is a felony in virtually all jurisdictions. When drunk driving causes bodily harm to others, charges escalate to vehicular assault, vehicular manslaughter, or even murder in extreme cases.

Extremely high blood alcohol (often 0.15% or higher—nearly twice the legal limit) triggers felony charges in some states, recognizing the extreme danger posed by highly intoxicated drivers.

DUI with a child passenger is a felony or enhanced offense in many states. Endangering children by driving drunk demonstrates particularly culpable conduct.

DUI on a suspended license from a prior DUI may elevate subsequent offenses to felonies, showing disregard for court orders and public safety.

Felony DUI Penalties

Felony DUI convictions carry severe consequences:

Prison time: Unlike misdemeanor DUI with jail terms measured in days or months, felony DUI can result in state prison sentences of 1-10 years or more. DUI causing death can bring sentences of 15 years to life.

Substantial fines: Felony fines reach $5,000-$25,000 or more, plus court costs, fees, and restitution to victims.

Extended license revocation: Felony DUI typically brings multi-year license suspension, sometimes permanent revocation.

Felony record: A felony conviction creates permanent consequences including loss of voting rights, firearm prohibitions, professional license bars, and employment discrimination.

Aggravating Factors

Courts consider aggravating factors that may increase sentences within felony ranges. These include extremely high BAC levels, excessive speed or reckless driving, wrong-way driving, evasion of law enforcement, prior criminal history beyond DUI, and severity of injuries caused.

Multiple aggravating factors can result in maximum or consecutive sentences.

Defense Strategies

Felony DUI defense may challenge whether prior convictions properly count toward felony status—procedural defects in prior cases may invalidate them as predicates. Constitutional challenges to traffic stops and testing procedures apply to felony DUI just as they do to misdemeanors.

Negotiation may reduce felony charges to misdemeanors in cases where evidence is weak, prior convictions are questionable, or mitigating circumstances exist. Even reducing a felony to a high-level misdemeanor dramatically reduces consequences.

Prior Conviction Issues

Using prior convictions to enhance current charges requires that prior convictions be valid—defendants had counsel or validly waived it, pleas were knowing and voluntary, and procedural requirements were met.

Challenge prior convictions that don't meet constitutional requirements. Invalid priors cannot count toward felony enhancement, potentially reducing current charges to misdemeanor level.

Victim Restitution

Felony DUI involving victims typically includes mandatory restitution for medical expenses, property damage, lost wages, and other losses. Restitution orders can reach hundreds of thousands of dollars in serious injury cases.

Restitution is separate from civil liability—victims can also sue for damages beyond what criminal restitution covers.

Getting Legal Help

Felony DUI charges require experienced criminal defense counsel. The stakes are simply too high for anything less than vigorous professional defense. A qualified attorney can evaluate the strength of the prosecution's case, identify constitutional violations and evidentiary issues, challenge prior conviction validity, negotiate with prosecutors for reduced charges, and present the strongest possible defense at trial if needed.

If you're facing felony DUI charges, contact a criminal defense attorney immediately. Time is critical for investigating your case and protecting your rights.