Is a DUI a Felony?

Is DUI a Felony? The Short Answer

Is DUI a felony? For most people charged for the first time, no. In every state checked, a first DUI with no one hurt is a misdemeanor or a lesser offense. Wisconsin goes further: a first OWI with no child in the car is a civil forfeiture, not a crime at all (Wis. Stat. § 346.65(2)(am)).

A DUI becomes a felony in two main ways:

• Repeat offenses. You already have a set number of prior DUI convictions, usually inside a lookback window. Depending on the state, that line is crossed on the second, third or fourth offense.
• Aggravating facts. The DUI caused serious injury or death, a child was in the car, you were driving on a license already revoked for DUI, or another fact the statute names.

So the honest answer to “is DUI a felony” is that it depends on your record, your state and what happened. The rest of this page shows where each state draws the line. For the full penalty picture once a DUI is a felony, read the felony DUI guide.

What Makes a Crime a Felony Instead of a Misdemeanor

The label usually follows the maximum sentence. Connecticut writes the rule into its code: any offense punishable by more than 1 year is a felony (Conn. Gen. Stat. § 53a-25(a)). That is why a second DUI within 10 years in Connecticut, which carries up to 2 years, is classed as a felony. Vermont reaches the same result for a third DUI, which carries up to 5 years (23 V.S.A. § 1210; 13 V.S.A. § 1).

Some states don’t use the words at all, or use them differently:

• Maine grades crimes by class. A third OUI within 10 years is a Class C crime with up to 5 years (29-A M.R.S. § 2411(5)), which is felony-level punishment under another name.
• Maryland grades every DUI as a misdemeanor, even when a repeat offender faces up to 10 years (Md. Code, Transp. § 21-902(h), (i)). The label stays the same while the sentence grows.
• Massachusetts and Louisiana reach felony status through the type of sentence. A third OUI in Massachusetts can be sentenced to state prison, which makes it a felony, and a third DWI in Louisiana is punishable with or without hard labor.

How Many DUIs Make a Felony in Each State

Across the states checked, here is the offense number at which a repeat DUI first becomes a felony, leaving aside injury and other aggravating facts. Most states also require the prior convictions to fall inside a lookback window, covered in the next section.

Felony starts at	States checked	What the rule looks like
Second offense	Connecticut, Indiana, New York, Oklahoma (4)	A prior conviction within 7 to 10 years makes the next DUI a felony
Third offense	Alaska, Arizona, Delaware, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, Nevada, Oregon, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, West Virginia (23)	Two prior convictions, often within 5 to 10 years, sometimes with no time limit
Third offense, class system	Maine (1)	A Class C crime with up to 5 years
Fourth offense	Alabama, Arkansas, California, Colorado, Georgia, Kentucky, Minnesota, Montana, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Pennsylvania, Tennessee, Washington, Wisconsin, Wyoming (19)	Three prior convictions, usually within 10 or 15 years; some count a lifetime
No felony for repeat offenses alone	District of Columbia, Maryland, South Carolina (3)	Repeat DUIs stay misdemeanors; South Carolina’s felony DUI requires great bodily injury or death

The third offense is the most common line, used by close to half the states checked. A few details change the picture:

• California allows a fourth DUI within 10 years to be punished by imprisonment under Penal Code § 1170(h) instead of county jail, and any DUI within 10 years of a prior felony DUI can bring state prison (Cal. Veh. Code §§ 23550, 23550.5).
• Nebraska makes a third offense a Class IIIA felony when your BAC was 0.15 or higher or you refused testing (Neb. Rev. Stat. § 60-6,197.03).
• Pennsylvania makes a DUI with three or more prior offenses within 10 years a third-degree felony, but at the highest tier (drugs, or after a refusal) two priors are enough (75 Pa.C.S. § 3803).
• North Carolina calls its felony tier “habitual impaired driving”: a DWI after three or more impaired driving convictions within 10 years is a Class F felony with a minimum 12-month active sentence that can’t be suspended (N.C. Gen. Stat. § 20-138.5).

To run your own record against your state’s rule, use the DUI lookback and felony checker.

Why the Lookback Period Decides So Much

Your number of prior DUIs only counts if the priors fall inside your state’s window. That window ranges widely across the states checked:

• Shortest: Mississippi makes a third DUI a felony only when all three offenses were committed within 5 years. Arizona uses 84 months, and Nevada uses 7 years.
• Most common: 10 years, used by Alabama, Alaska, Florida, Kentucky, Utah, Virginia and many others for the felony tier.
• Longer: Nebraska counts priors within 15 years for a fourth offense, and Vermont needs only one prior within the last 20 years for a third.
• No time limit: Texas counts prior convictions with no time limit (Tex. Penal Code § 49.09(b)). So do Colorado, Delaware, Massachusetts, Michigan, Missouri and Montana for their felony tiers, and Wisconsin counts offenses over your lifetime for a fourth.

One more rule catches people off guard. In several states, once you have a felony DUI, every later DUI is a felony no matter how old the felony is. Alabama, Oregon and Utah all say so in the statute. The lookback periods in the felony DUI guide go deeper on how each state measures the window, from offense dates to arrest dates.

When It Becomes a Felony by State

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.

When a First DUI Can Be a Felony

Without those facts, a first offense is a misdemeanor; see first DUI penalties for what each state sets. A first offense can be charged as a felony when the facts are serious enough. These triggers don’t depend on your record:

• Serious injury or death. Florida makes DUI causing serious bodily injury a third-degree felony. In New Hampshire, aggravated DWI that causes serious bodily injury is a class B felony on a first offense. South Carolina’s felony DUI covers great bodily injury or death.
• A child in the car. Driving drunk with a child 15 or younger is a class E felony in New York on any offense. Texas treats DWI with a passenger under 15 as a felony on its own. Arizona makes DUI with a child under 15 a class 6 felony.
• Driving on a suspended or revoked license. Arizona makes DUI on a suspended, revoked or restricted license, or while required to use an interlock, a class 4 felony, and the same applies to wrong-way driving (A.R.S. § 28-1383(A)).

If anyone was injured, the charge may also be a separate crime, such as vehicular assault or intoxication assault, with its own penalties. That is the territory of the felony DUI guide.

What a Felony DUI Can Mean

The jump from misdemeanor to felony changes the sentence ranges sharply. A few examples from state statutes:

• Alabama: a fourth DUI within 10 years is a Class C felony: 1 year and 1 day to 10 years, a $4,100 to $10,100 fine, a 5-year revocation and 4 years of interlock.
• Minnesota: first-degree DWI carries up to 7 years in prison and a fine up to $14,000 (Minn. Stat. § 169A.24).
• Wyoming: a fourth DUI within 10 years carries up to 7 years in prison, a fine of up to $10,000, or both, plus lifetime ignition interlock (Wyo. Stat. § 31-5-233).
• Louisiana: a fourth or later DWI carries 10 to 30 years.

Beyond the sentence, a felony conviction is a felony record. It can affect jobs, professional licenses and housing for years, and sealing rules for felonies are often stricter. See how long a DUI stays on your record and whether a DUI can be expunged in your state.

Is a DUI a Felony in Texas, California, Michigan and Other States People Ask About

These are the states readers search most often.

• Texas. A first DWI is a Class B misdemeanor and a second is a Class A misdemeanor. A third, after two prior convictions at any time, is a third-degree felony. See Texas DWI penalties.
• California. The felony line for repeat offenses is a fourth DUI within 10 years, which can be punished by imprisonment under Penal Code § 1170(h). Any DUI within 10 years of a prior felony DUI, or after a prior vehicular manslaughter conviction, can bring state prison. See California DUI laws.
• North Carolina. Every regular DWI level is a misdemeanor. Habitual impaired driving, after three prior convictions in 10 years, is the Class F felony. See North Carolina DWI penalties.
• Michigan. A third OWI after two or more priors is a felony regardless of how many years have passed (MCL 257.625(9)(c)). See Michigan OWI laws.
• Iowa. A first OWI is a serious misdemeanor and a second an aggravated misdemeanor. A third or later is a class D felony (Iowa Code § 321J.2(2)(c)). See Iowa OWI penalties.

For every other state, start at the list of DUI laws by state.

What to Do This Week if You’re Facing a Possible Felony

1. Write down your prior DUI dates. Include out-of-state cases and any deferred or diverted cases. The dates decide whether your state’s lookback window applies.
2. Check the license deadline. Your license can be suspended by the state’s motor vehicle agency separately from the criminal case, and the window to ask for a hearing is short. The DUI deadline calculator shows your state’s deadline.
3. Get a lawyer early. A possible felony is the case where representation matters most. If you can’t afford one, ask the court for a public defender at your first appearance. The guide to finding a DUI lawyer explains how to check a lawyer’s license.
4. Read what comes next. The timeline after a DUI arrest walks through the court and license steps in order.

Frequently Asked Questions

Is a First DUI Ever a Felony?

Not on its own. In every state checked, a first DUI with no injury and no aggravating fact is a misdemeanor or less; in Wisconsin it is a civil forfeiture. A first offense can be charged as a felony when someone is seriously hurt or killed, or in some states when a child is in the car. In New York, driving drunk with a child 15 or younger in the car is a class E felony on any offense (N.Y. Veh. & Traf. Law § 1193(1)(c)).

Can a Felony DUI Be Reduced to a Misdemeanor?

That depends on the state's charging and plea rules and on the facts of the case, so it is a question for a lawyer licensed in your state or your public defender. The statutes set the classification for each offense level; what a prosecutor offers in a given case is not set by statute.

Do Out-of-State DUIs Count Toward a Felony?

In many states, yes. Alabama counts prior DUI convictions from Alabama or another state within 10 years (Ala. Code § 32-5A-191(p)), and the District of Columbia counts substantially similar out-of-state convictions. Check the lookback rule on your state page.

Is a DWI a Felony in Texas?

A first or second DWI in Texas is a misdemeanor (Class B, then Class A). A third DWI, meaning two previous convictions with no time limit on them, is a third-degree felony. DWI with a passenger under 15 is a felony on its own (Tex. Penal Code §§ 49.09(b), 49.045).

Does a Felony DUI Show Up on Background Checks?

A felony DUI conviction is a felony record. How long it stays visible and whether it can be sealed is set by each state; see how long a DUI stays on your record.

What Is the Difference Between a Felony and a Misdemeanor DUI?

The maximum sentence. Connecticut states the rule directly: any offense punishable by more than 1 year is a felony (Conn. Gen. Stat. § 53a-25(a)). A felony DUI can mean state prison, longer license revocation and the lasting effects of a felony record.

More on Penalties

• First DUIFirst-offense penalties across the states and what happens next
• Felony DUIRepeat-offense and injury felonies and how lookback periods work
• 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.

Sources

1. Tex. Penal Code ch. 49 (intoxication offenses)
2. Cal. Veh. Code § 23550.5
3. N.C. Gen. Stat. § 20-138.5 (habitual impaired driving)
4. MCL 257.625 (Michigan OWI)
5. Iowa Code § 321J.2
6. N.Y. Veh. & Traf. Law § 1193
7. Conn. Gen. Stat. ch. 248 (§ 14-227a)
8. Md. Code, Transp. § 21-902
9. Ala. Code § 32-5A-191
10. Wis. Stat. § 346.65