Is a DUI/DWI a Felony Offense?

Driving under the influence ("DUI"), which can have different names in different states (like DWI, OVI, and OWI), is a serious offense. In almost every state, a DUI conviction—even a first offense—is considered a misdemeanor crime. But, in some circumstances, a DUI can be a felony.

What Is the Difference Between a Felony and Misdemeanor DUI?

Generally, it's possible to be convicted of a DUI as a misdemeanor or a felony, depending on the circumstances of the offense, state law, and the driver's prior record. The main difference between a misdemeanor and felony DUI is the resulting penalties of a conviction.

A misdemeanor carries less severe penalties than a felony. For misdemeanor DUIs, the convicted motorist is typically looking at a maximum of one year in jail and up to $1,000 in fines. But felony DUIs can result in a year or more in jail or prison and thousands of dollars in fines.

For instance, in Virginia, a standard first DUI is a misdemeanor that carries a maximum jail sentence of 12 months. But a third DUI within 10 years is a felony that carries a maximum sentence of 5 years. (Va. Code §§ 18.2-10, 18.2-11, 18.2-270 (2025).)

And, typically, the license suspension period for a DUI conviction that's a felony is going to be longer than for a misdemeanor conviction. Felonies also can have more severe consequences outside of the criminal case than misdemeanors. For instance, felonies can make it harder to work in some fields and can disqualify people from voting in some states.

When Is DUI a Misdemeanor?

A first DUI offense is almost always going to be a misdemeanor, unless there are serious aggravating factors like an accident causing a death or serious injury. Second offenses also are misdemeanors in most states. When a driver has more than two prior DUI convictions, a DUI is more likely to be a felony.

In a few states, like Maryland, the number of prior offenses doesn't affect whether a DUI is a misdemeanor or a felony. A DUI-related offense in these states is always a misdemeanor, regardless of the number of priors, unless there are other aggravating factors like injury or death.

Felony DUIs That Cause Injury or Death

A DUI offender who kills or seriously injures another person is typically looking at felony charges—even if it's the person's first offense. A driver also could face vehicular homicide charges for a DUI-related killing.

For instance, Ohio punishes serious injuries and deaths caused by drugged or drunk driving as felonies. In Ohio, causing serious injury to another person while driving under the influence is considered felony "aggravated vehicular assault." Causing someone's death while driving under the influence is considered felony "aggravated vehicular homicide" under Ohio law. (Ohio Rev. Code §§ 2903.06, 2903.08 (2025).)

Prior DUIs and Other Factors That Can Result in a Felony DUI

Having prior DUI convictions can also elevate a DUI to a felony. In some states (like Virginia, as mentioned above), first and second DUI offenses are misdemeanors, but having two or more prior DUI convictions will elevate a DUI to a felony.

There are also states that make a DUI a felony if the driver had a particularly high blood alcohol concentration (BAC) or was transporting children while driving under the influence. For instance, in Michigan, a DUI involving a passenger younger than 16 is a felony if the driver has:

• at least one prior conviction within the past seven years, or
• at least two prior convictions at any time.

(Mich. Comp. Laws § 257.625 (2025).)

In Idaho, a driver who has a BAC of at least .20% and a prior DUI conviction involving a BAC of .20% or more within the past five years can be convicted of a felony. (Idaho Code § 18-8004c (2025).)

Getting Help

If you're charged with a felony DUI, you should consult with a DUI attorney. A felony conviction can have lifelong consequences, making it too risky for drivers to defend themselves.