Generally, a first driving under the influence case is prosecuted as a misdemeanor offense. However, under certain circumstances, DUI or DWI can be charged as a felony. Will your DUI be charged as a misdemeanor or a felony?

The answer depends on facts of your case. Do you have any prior DUI convictions? Was someone else injured or killed as a result of the drunk or drugged driving incident?

Circumstances That Elevate DUIs to Felonies

If you were involved in a DUI accident that caused property damage only and it was your first DUI, then it should be charged as a misdemeanor offense.

If this was your first DUI and your blood alcohol concentration (BAC) was high, but no one else was injured or killed, then it should still be a misdemeanor.

So, what constitutes a felony DUI? While the felony DUI laws vary from state-to-state, DUI is usually prosecuted as a felony when:

• The DUI suspect has two, three, or more DUI convictions (depending on the state).
• Another driver or passenger was injured or killed.
• A pedestrian, bicyclist or motorcyclist was injured or killed.

If this is your first DUI and no one else was injured or killed, then you should be facing misdemeanor charges, no matter which state you live in. On the other hand, if you have multiple DUI convictions within the last 10 years, or if someone else was injured or killed, you could be facing felony charges.

Unlike misdemeanors that involve from zero jail time to 12 months behind bars, felonies are generally punishable by more than one year in prison, fines, community service, parole, victim restitution and more.

Additionally, a felony DUI can affect citizenship and a person's civil rights, such as the right to own or possess firearms and vote in a presidential election.

If you are facing misdemeanor or felony DUI charges, your best line of defense is to hire an experienced DUI attorney from our directory!