Penalties
Felony DUI: Repeat Offenses, Injury and Lookback Periods
When Does a DUI Become a Felony?
A felony DUI is an impaired-driving charge that your state grades as a felony, the more serious class of crime, and it usually comes from one of three things: too many prior DUIs inside the state's lookback period, a crash that seriously injures or kills someone, or a child in the car. The trigger depends entirely on the state. In Oklahoma a second DUI within ten years can be a felony, while in Maryland every impaired-driving charge stays a misdemeanor, even for repeat offenders. Check your state's rule with the DUI lookback and felony checker.
What Makes a DUI a Felony
A felony DUI is an impaired-driving charge that your state punishes as a felony, which usually means the possibility of more than a year in prison. Most first DUIs are misdemeanors. A DUI crosses into felony territory for one of four reasons, and every state mixes them differently:
- Repeat offenses. You have enough prior DUIs inside the state’s lookback period.
- Injury or death. The crash seriously hurt or killed someone else.
- A child in the car. Some states make this a felony on its own, others only on a repeat offense.
- Other aggravating facts. Driving on a license already revoked for DUI, driving the wrong way, or driving a school bus with passengers.
If you only need the yes-or-no answer for your state, the Is a DUI a Felony? page has it. This guide goes deeper: how each trigger works, how lookback periods are counted, and where the extremes are.
One thing to do first, whatever the charge: if you were arrested recently, your state probably gives you a short window to request a hearing to protect your license. Use the DUI license hearing deadline calculator today.
Repeat-Offense Felonies: How Many Priors It Takes
The number of DUIs it takes to reach a felony runs from two to four, and the clock that decides which priors count runs from five years to forever.
| When a repeat DUI becomes a felony | Example states and rule |
|---|---|
| Second offense | Oklahoma: a second DUI within 10 years of finishing the sentence for the first (47 O.S. § 11-902(C)(2)). New York: a DWI within 10 years of a prior conviction is a class E felony. Indiana: a prior OWI within 7 years makes it a Level 6 felony. |
| Third offense | Texas: two prior convictions, with no time limit. Arizona: a third DUI within 84 months. Florida: a third within 10 years of a prior. Illinois, Michigan, Massachusetts and Virginia also reach a felony on the third. |
| Fourth offense | Alabama, Kentucky and Wyoming: a fourth within 10 years. Colorado: a fourth at any time. Wisconsin: a fourth counted over your lifetime. Ohio: a fourth or fifth within 10 years. |
| Never, by count alone | Maryland grades every DUI and DWI as a misdemeanor, though a repeat offender can still face up to 10 years. D.C.’s statutes create no felony DUI tier. South Carolina’s felony DUI covers only injury and death cases. |
Two things stand out. First, a state that waits until the fourth offense isn’t lenient on the third. Alabama’s third DUI is a misdemeanor, yet it carries 60 days to 1 year with the 60 days served in jail and a 3-year revocation. Second, many states make the felony permanent. In Alabama, Oregon, Utah, Virginia and Nevada, once you have one felony DUI, every later DUI is a felony no matter how much time passes.
Some states climb even higher for later offenses. Illinois treats a fifth DUI as a Class 1 felony and a sixth as Class X (625 ILCS 5/11-501(d)). New Mexico’s eighth DWI is a second degree felony with 12 years, 10 of them not suspendable. Missouri sorts repeat offenders into persistent, aggravated, chronic and habitual tiers, each a higher felony class.
How DUI Lookback Periods Work
A lookback period (also called a washout period) is the window in which an old DUI still counts as a prior. If your earlier conviction falls outside the window, the new charge is sentenced as if the old one never happened, at least for that purpose.
Of the 51 jurisdictions (the 50 states and D.C.), 28 use a 10-year window for at least their main repeat-offense rule. Seven use 7 years (including Arizona, Michigan, North Carolina and Washington), and three use 5 years (Maryland, Mississippi and Missouri). Alaska, D.C. and Nebraska use 15 years, Iowa uses 12 and Vermont uses 20.
At the far end, some states count every prior forever. Colorado, Illinois, Massachusetts, New Mexico and Texas set no time limit at all. Texas repealed its old 10-year rule in 2005, so a DWI from decades ago can still turn a new one into a third-degree felony (Tex. Penal Code § 49.09).
One State Can Use Several Windows
The headline number often applies only to second-offense penalties. The felony rule may count further back:
- Wisconsin counts a second offense only within 10 years, but third and later offenses count priors over your lifetime.
- Michigan enhances a second offense within 7 years, but a third is a felony after two priors with no time limit.
- Washington uses 7 years for its penalty tiers and 15 years for the felony rule.
- Florida uses 5 years for second-offense jail, 10 years for the third-offense felony, and no limit for a fourth.
What Date Starts the Clock
States measure the window differently, and a few months can decide whether you face a felony. Arizona counts from the dates the offenses were committed. Washington counts arrest dates. Utah measures to either the current conviction or the current offense. Oklahoma starts the 10 years when the earlier sentence or deferred judgment ends. D.C. counts from the end of any jail, probation or parole on the prior. Louisiana and Nevada stop the clock while you were incarcerated or on probation or parole for the earlier offense, which stretches the window.
To see whether an old DUI counts in your state, run the dates through the DUI lookback and felony checker.
Felony DUI for Injury or Death
In most states, a DUI crash that seriously injures or kills another person is a felony on a first offense, and these are the heaviest DUI sentences anywhere.
- Florida: DUI causing serious bodily injury is a third-degree felony (up to 5 years and up to $5,000). DUI manslaughter is a second-degree felony with a mandatory minimum of 4 years in prison and permanent license revocation (Fla. Stat. § 316.193(3)(c)).
- Texas: Intoxication assault is a third-degree felony (2 to 10 years). Intoxication manslaughter is a second-degree felony, raised to first-degree if the person killed was an on-duty peace officer, judge, firefighter or EMS worker.
- Illinois: A DUI crash causing a death is a Class 2 felony carrying 3 to 14 years for one death and 6 to 28 years for two or more.
- South Carolina: Felony DUI means great bodily injury or death. Injury carries 30 days to 15 years; death carries 1 to 25 years, and the mandatory sentences can’t be suspended (S.C. Code § 56-5-2945).
- Michigan: Causing a serious impairment of a body function carries up to 5 years. Causing a death carries up to 15 years.
- Vermont: A DUI that kills someone carries 1 to 15 years, and serious bodily injury carries up to 15 years (23 V.S.A. § 1210(f), (g)).
The wording matters. “Serious bodily injury,” “great bodily harm” and “serious impairment of a body function” are defined terms, and a lesser injury may lead to a lower charge. West Virginia shows the split clearly: bodily injury is a misdemeanor with 1 day to 1 year, while serious bodily injury is a felony with 2 to 10 years.
When It Becomes a Felony by State
| State | When it becomes a felony |
|---|---|
| DUI law in Alabama | A fourth or later DUI within 10 years is a Class C felony: 1 year and 1 day to 10 years (at least 10 days served in county jail), a $4,100 to $10,100 fine, 5-year revocation and 4 years of interlock. Once you have a felony DUI, every later DUI is a felony no matter how old the felony is. |
| DUI law in Alaska | A DUI is a class C felony if you have two or more prior convictions since January 1, 1996 within the 10 years before the offense, or if felony DUI or felony refusal punishment was imposed within the last 10 years |
| DUI law in Arizona | A third DUI within 84 months is aggravated DUI, a class 4 felony. DUI on a suspended, revoked or restricted license, while required to use an interlock, or driving the wrong way is also a class 4 felony; DUI with a child under 15 in the vehicle is a class 6 felony. |
| DWI law in Arkansas | A fourth DWI within 10 years of the first offense is an unclassified felony (1 to 6 years); a fifth within 10 years is an unclassified felony (2 to 10 years); a sixth or later within 20 years is a Class B felony |
| DUI law in California | A fourth DUI within 10 years may be punished by imprisonment under Penal Code § 1170(h) instead of county jail; any DUI within 10 years of a prior felony DUI, or after a prior vehicular manslaughter conviction under Pen. Code § 191.5(a), is punishable by state prison or up to 1 year in county jail |
| DUI law in Colorado | DUI, DUI per se or DWAI is a class 4 felony if it occurs after three or more prior convictions from separate episodes for DUI, DUI per se, DWAI, vehicular homicide or vehicular assault, with no time limit on the priors. If the court grants probation it must order 90 to 180 days in county jail, or 120 days to 2 years through work or school release. No DUI Colorado lists 2 to 6 years in prison and a $2,000 to $500,000 fine for a fourth DUI. |
| DUI law in Connecticut | a second DUI within 10 years carries up to 2 years and a third up to 3 years; any offense punishable by more than 1 year is a felony in Connecticut |
| DUI law in Delaware | a third DUI at any time after 2 prior offenses is a Class G felony, with no time limit on the priors |
| DUI law in District of Columbia | D.C. DUI and OWI penalties top out at 1 year in jail at every offense level; the impaired-driving statutes create no felony DUI tier |
| DUI law in Florida | a third DUI conviction for an offense within 10 years after a prior DUI conviction, or a fourth or subsequent DUI conviction regardless of when the priors occurred, is a felony of the third degree; DUI causing serious bodily injury is a third-degree felony and DUI manslaughter is a second-degree (or first-degree) felony |
| DUI law in Georgia | a fourth or later DUI conviction within 10 years, measured from the dates of previous arrests, counting only convictions or nolo contendere pleas on or after July 1, 2008; driving during a habitual violator revocation after 3 or more DUI convictions in 5 years is the separate felony of habitual impaired driving |
| OVUII law in Hawaii | OVUII becomes the Class C felony of habitually operating a vehicle under the influence when the person has two or more prior OVUII convictions within 10 years of the new offense, or one or more prior habitual OVUII convictions within 10 years; it is a Class B felony if the driver was also highly intoxicated (.15 or more) |
| DUI law in Idaho | A third DUI with two or more prior DUIs within 10 years is a felony. Any DUI within 15 years of a prior felony DUI, felony excessive-alcohol DUI, aggravated DUI or vehicular manslaughter under § 18-4006(3)(b) is also a felony. Aggravated DUI (causing great bodily harm) and a second 0.20-or-more DUI within 5 years are felonies. |
| DUI law in Illinois | a third or subsequent DUI is aggravated DUI (third and fourth are Class 2 felonies, fifth is Class 1, sixth or more is Class X); other aggravating facts such as serious injury, death, a school bus or driving while revoked for DUI also make it a felony |
| OWI law in Indiana | an OWI is a Level 6 felony when you have a prior OWI conviction within the previous 7 years, or when a driver 21 or older has a passenger under 18 (with BAC 0.15+, a controlled substance, or endangerment); a prior OWI causing injury or death makes it a Level 5 felony |
| OWI law in Iowa | a third or subsequent OWI offense is a class D felony |
| DUI law in Kansas | a fourth or later DUI conviction, or a third conviction when there is a prior conviction within the preceding 10 years (not counting time incarcerated), is a severity level 6, nonperson felony |
| DUI law in Kentucky | a fourth or subsequent DUI within a 10-year period is a Class D felony, with a minimum of 120 days in jail (240 days with an aggravating circumstance) that cannot be suspended or probated |
| DWI law in Louisiana | a third DWI within the 10-year lookback is punishable by imprisonment with or without hard labor, which makes it a felony; a fourth or later DWI carries 10 to 30 years |
| OUI law in Maine | Maine grades crimes by class rather than felony and misdemeanor. OUI becomes a Class C crime (up to 5 years) with 2 or more previous OUI offenses within 10 years, or when it causes serious bodily injury; it is a Class B crime (up to 10 years) when it causes death or the person has a prior Class B or C OUI conviction |
| DUI law in Maryland | the impaired-driving statute grades every DUI and DWI as a misdemeanor, even for repeat offenders: up to 5 years with two prior convictions and up to 10 years with three or more prior convictions or a prior impaired-driving homicide or life-threatening injury conviction |
| OUI law in Massachusetts | a third OUI (two prior convictions or alcohol program assignments, with no time limit) can be sentenced to state prison, which makes it a felony; every later offense also carries a state prison term |
| OWI law in Michigan | a third OWI after 2 or more prior convictions, regardless of how many years have passed since them; also any OWI causing death or serious injury, and a repeat offense with a child under 16 aboard |
| DWI law in Minnesota | first-degree DWI: a DWI within 10 years of the first of three or more prior impaired driving incidents (a fourth in 10 years), or any DWI after a prior felony DWI or felony criminal vehicular homicide or injury conviction; up to 7 years in prison and/or a fine up to $14,000 |
| DUI law in Mississippi | a third DUI conviction with the offenses committed within 5 years, or a fourth or subsequent conviction regardless of when the earlier offenses occurred; also aggravated DUI causing death or serious injury |
| DWI law in Missouri | a DWI is a Class E felony when you have two or more prior intoxication-related traffic offenses on separate occasions (no time limit), or one prior that involved injuring or killing another person; it is also a felony when the DWI causes injury or death |
| DUI law in Montana | a fourth or subsequent DUI conviction (three or more prior DUI or related convictions, counted regardless of age) is a felony: 13 months to 2 years with the Department of Corrections followed by a 5-year suspended prison term, or up to 5 years in a treatment court program, plus a $5,000 to $10,000 fine |
| DUI law in Nebraska | a fourth offense (three prior convictions within 15 years) is a Class IIIA felony; a third offense becomes a Class IIIA felony when BAC was 0.15 or higher or the driver refused testing; fifth and later offenses are Class IIA or Class II felonies |
| DUI law in Nevada | a third DUI within 7 years is a category B felony; any later DUI after a felony DUI is a category B felony with 2 to 15 years |
| DWI law in New Hampshire | a fourth or later DWI within 10 years is a felony; aggravated DWI that causes serious bodily injury is a class B felony on a first offense |
| DWI law in New Mexico | a fourth DWI conviction is a fourth degree felony (18 months, 6 not suspendable); fifth is a fourth degree felony (2 years, 1 not suspendable); sixth and seventh are third degree felonies (30 months and 3 years); eighth or later is a second degree felony (12 years, 10 not suspendable) |
| DWI law in New York | DWI, Aggravated DWI or drug-impaired driving after a prior such conviction within 10 years is a class E felony; with two priors within 10 years, or three or more within 15 years, it is a class D felony. Driving drunk with a child 15 or younger in the car is a class E felony on any offense. |
| DWI law in North Carolina | habitual impaired driving: driving while impaired after three or more impaired driving convictions within 10 years of the new offense; Class F felony with a minimum 12-month active sentence that can't be suspended, permanent revocation and vehicle forfeiture |
| DUI law in North Dakota | a fourth or later DUI within 15 years is a class C felony: at least 1 year and 1 day in prison (up to 5 years), a fine of at least $2,000 (up to $10,000) and at least 2 years of supervised probation; a repeat DUI with a minor in the vehicle is also a class C felony |
| OVI law in Ohio | A fourth or fifth OVI within ten years, or a sixth or more within twenty years, is a fourth-degree felony (60 consecutive days mandatory local incarceration or prison, fine $1,540 to $10,500, vehicle forfeiture). An OVI after a prior felony OVI is a third-degree felony. |
| DUI law in Oklahoma | A second DUI within ten years of completing the sentence or deferred judgment for a prior DUI is a Class C2 felony |
| DUII law in Oregon | DUII is a Class C felony with at least two prior DUII convictions in the 10 years before the offense (90-day mandatory minimum), or three priors in 10 years under ORS 813.010(5). After one felony DUII sentence, every later DUII is a felony regardless of time. |
| DUI law in Pennsylvania | A DUI with three or more prior offenses is a third-degree felony. At the highest tier, with drugs or after a refusal, two priors make it a third-degree felony and three or more a second-degree felony. Two priors with a minor under 18 in the vehicle is also a third-degree felony. |
| DUI law in Rhode Island | A third or subsequent DUI within a ten-year period is a felony. A second or subsequent DUI with a child under 13 in the vehicle, a DUI while the license is suspended for a DUI, and a DUI resulting in death are also felonies. |
| DUI law in South Carolina | Felony DUI is a DUI in which an unlawful act or neglect while driving proximately causes great bodily injury or death to another person. |
| DUI law in South Dakota | a third DUI offense is a Class 6 felony; prior convictions count only if the earlier violation occurred within 10 years of the one charged (time incarcerated for a prior violation is not counted) |
| DUI law in Tennessee | a fourth or fifth DUI is a Class E felony, and a sixth or later DUI (committed on or after July 1, 2016) is a Class C felony; priors are counted under the 10-year chain rule, and no violation more than 20 years old counts |
| DWI law in Texas | A DWI is a third-degree felony if you have two previous convictions for intoxicated operation (motor vehicle, aircraft, watercraft or amusement ride), or one previous intoxication manslaughter conviction, with no time limit on the priors. DWI with a passenger under 15, DWI in an active school crossing zone, intoxication assault and intoxication manslaughter are felonies on their own. |
| DUI law in Utah | A DUI is a third-degree felony with two or more prior convictions each within 10 years of the current conviction or offense date, or at any time after a prior felony DUI conviction. |
| DUI law in Vermont | A third DUI (two prior convictions, at least one within the last 20 years) carries up to 5 years, which makes it a felony; DUI causing death or serious bodily injury is also a felony |
| DUI law in Virginia | A third DUI within 10 years is a Class 6 felony; so is any DUI after a prior felony DUI, DUI involuntary manslaughter or DUI maiming conviction |
| DUI law in Washington | Class B felony if you have three or more prior offenses within 15 years (arrest for the prior within 15 years before or after the current arrest), or if you have ever been convicted of vehicular homicide or vehicular assault while under the influence, a comparable out-of-state offense, or a prior felony DUI or felony physical control |
| DUI law in West Virginia | A third or later DUI with two or more prior DUI convictions (or a prior conditional probation) for offenses within the 10 years before the current arrest; also any impaired driving that causes serious bodily injury or death |
| OWI law in Wisconsin | a fourth offense counted over the person's lifetime is a Class H felony (fine of at least $600 and at least 60 days); a 5th or 6th is a Class G felony (at least 1 year 6 months of confinement); 7th to 9th is Class F (at least 3 years); 10th or more is Class E (at least 4 years). A third offense with a minor passenger under 16 is also a felony. |
| DUI law in Wyoming | a fourth or subsequent DUI conviction within 10 years is a felony: fine of up to $10,000, up to 7 years in prison, or both; plus lifetime ignition interlock (the offender may apply for removal 5 years after conviction and every 5 years after) |
From each state's statutes, DMV and court pages, checked October 2026. Each state's page links its sources.
Child Passengers and Felony DUI
A child in the car is the trigger that surprises people most, because in some states it turns a first DUI into a felony.
| How the state treats a child passenger | Examples |
|---|---|
| Felony on a first offense | New York (Leandra’s Law): child 15 or younger, class E felony, up to 4 years. Texas: passenger under 15, state jail felony, 180 days to 2 years. Arizona: child under 15, class 6 felony. |
| Felony on a repeat offense | Illinois (passenger under 16, second violation). Rhode Island (child under 13, second offense). North Dakota (minor, second offense within 15 years). Wisconsin (passenger under 16, third offense). |
| Added jail or fines, still a misdemeanor | California adds 48 hours, 10 days or 30 days of jail. Kansas adds one month. D.C. adds 5 or 10 days per child depending on the car seat. |
The age cutoff varies too. It is under 13 in Rhode Island, 15 or younger in New York, under 15 in Texas, under 16 in Illinois and Wisconsin, and under 18 in Indiana and Connecticut. In Indiana, a driver 21 or older with a passenger under 18 commits a Level 6 felony if they were at 0.15 or more, on a schedule I or II drug, or endangering someone. In Connecticut, DUI with a child under 18 is its own offense with mandatory jail.
Other Facts That Can Make a DUI a Felony
A few states treat certain circumstances as felonies even without priors or injuries. Arizona’s aggravated DUI covers driving on a suspended, revoked or restricted license, while required to use an interlock, or the wrong way on a highway, each a class 4 felony (A.R.S. § 28-1383). Illinois makes it a felony to drive a school bus with passengers while impaired, or to drive while your license is revoked or suspended for DUI. Rhode Island makes DUI while your license is suspended for a DUI a felony.
High BAC alone usually raises the penalty without changing the class. Nebraska is an exception for repeat offenders: a third offense becomes a Class IIIA felony if your BAC was 0.15 or higher or you refused testing.
What a Felony DUI Conviction Means for You
The difference between misdemeanor and felony goes past the sentence. Felony DUIs typically bring:
- Prison rather than county jail. Texas’s third-offense felony is 2 to 10 years; Nevada’s third within 7 years is 1 to 6 years in state prison.
- Longer license loss and interlock. Alabama’s felony carries a 5-year revocation and 4 years of interlock. Wyoming’s fourth offense brings lifetime interlock, with the chance to apply for removal after 5 years. See Ignition Interlock Devices.
- Vehicle forfeiture in some states, including North Carolina’s habitual impaired driving law and Ohio’s felony OVI.
- A felony record that is far harder to clear. See How Long Does a DUI Stay on Your Record?
The full penalty ranges by offense level are on each state page, such as Texas DWI penalties, Florida DUI penalties, New York DWI penalties and Colorado DUI laws. For a rough picture of what your charge carries, try the DUI penalty estimator.
What to Do This Week if You Face a Felony DUI
- Protect your license. Find your administrative hearing deadline with the deadline calculator. It is separate from the criminal case, and the window to request a hearing can be short.
- Write down your prior record. List every earlier DUI, refusal or diversion with its state and date. Whether the charge is a felony often depends on those dates and your state’s lookback rule.
- Get a lawyer licensed in your state. A felony charge is too serious to handle alone. Your state bar’s lawyer referral service can help you find one, and if you can’t afford one, ask the court about a public defender. See How to Find and Choose a DUI Lawyer.
- Read your state’s rules. Start at DUI laws by state and open your state’s penalties page. If you’re also unsure what comes next in the process, see What Happens After a DUI Arrest.
If this is your first offense with no injury or child passenger, the First DUI guide covers what you’re more likely facing.
Frequently Asked Questions
Can a First DUI Be a Felony?
Yes, in some states, but not because of the count. A first offense becomes a felony when it causes serious injury or death, or, in states such as New York, Texas and Arizona, when a child is in the car. The yes-or-no answer for each state is on the Is a DUI a Felony? page.
Does a DUI From Another State Count Toward a Felony?
In most states it does. Many statutes in the state table say out-of-state convictions for a similar offense count as priors, including Alabama, Florida, Kentucky, Louisiana and Virginia. Whether it counts depends on the lookback rule of the state where you are charged now.
What Happens to My License After a Felony DUI?
Felony DUIs carry the longest license losses in each state. Alabama revokes for 5 years on a felony DUI, and Florida permanently revokes the license after a DUI manslaughter conviction. Most states also require an ignition interlock before you drive again.
Does a Felony DUI Ever Come Off My Record?
Clearing a DUI depends on your state, and a felony is harder to clear than a misdemeanor. See Can a DUI Be Expunged? and How Long Does a DUI Stay on Your Record? for your state.
Will I Get a Public Defender for a Felony DUI?
If you can't afford a lawyer, ask the court at your first appearance whether you qualify for a public defender. For how to find and check a private lawyer, see How to Find and Choose a DUI Lawyer.
Is Felony DWI Different From Felony DUI?
Only in the name. Texas, New York and North Carolina call the charge DWI, Michigan and Wisconsin call it OWI, and Oregon calls it DUII. The felony rules still turn on priors, injuries and child passengers. See DUI vs DWI vs OWI.
More on Penalties
- Is a DUI a Felony?When a DUI becomes a felony in each state
- First DUIFirst-offense penalties across the states and what happens next
- Underage DUIUnder-21 limits and penalties
- DUI With a CDLThe 0.04 limit and federal CDL disqualification
- DUI vs DWI vs OWIWhat each term means and which states use which
- What OWI MeansOperating while intoxicated, and the states that use the term
This guide explains DUI law in plain language from official sources. It isn't legal advice; laws differ by state and change, and a lawyer licensed in your state can advise on your case.