Felony DUI Statutes

Many people believe that driving under the influence is a misdemeanor offense. While that’s true in certain cases, it’s not universally accurate. A variety of circumstances can cause a drunk-driving offense to be escalated from a misdemeanor charge to a felony charge.

There are 37 states in the U.S. with DUI statutes that make driving under the influence a felony offense if a driver had prior DUI convictions. Though these statutes may differ by jurisdiction, certain similarities exist. Most states use two primary factors to determining whether a DUI offense is a felony charge.

The first consideration is the number of DUI convictions the driver has previously accumulated. Most states impose felony charges if a driver has had three or more prior convictions. Some states have a lower threshold and charge a driver with felony DUI if two prior convictions exist.

The second consideration (used by 30 states) involves the number of convictions the driver has accumulated within a particular time period. This time frame may range from three to twelve years. Most states have either a five or ten year range.

Kentucky and Idaho evaluate a third factor when determining whether or not a conviction will result in a felony. These states examine the blood alcohol content (BAC) of the driver when the incident occurred.

Penalties and punishment for a felony drunk-driving conviction varies by state. There are 27 states with a mandatory minimum length of incarceration -- ranging from 48 hours to 3 years in a federal prison. Along with these prison terms, the states require the driver to pay fines ranging from $390 to $150,000.

Felony DUI is a serious offense that will negatively impact the rest of your life. If you have a prior drunk-driving conviction, it’s crucial for you to speak an attorney who specializes in DUI defense to avoid the serious penalties that come along with another drunk-driving conviction. Your defense attorney will discuss the best way to defend you in your DUI indictment.