Is My DUI a Felony?

 Posted on July 08, 2024 in DUI

By Amanda Stafford, Esq.

One common misconception is that a high alcohol concentration can make your DUI a felony; however, that is not true. Whether your alcohol concentration is a .08 or a .45, your case may still be a misdemeanor.

If you are arrested for DUI and answer yes to any of the following, your DUI could be a felony:

1. Is your driver license or privilege to drive suspended, canceled, revoked, or refused, or is your driving privilege restricted for a prior DUI offense?
2. Is this your third DUI in 7 years? 
3. Did you have someone under the age of 15 years old in your vehicle at the time of the DUI?

4. At the time of your DUI, were you required to have an ignition interlock on your vehicle?

5. Were you driving the wrong way on a highway?

An aggravated DUI for having a passenger under the age of 15 in the vehicle is a class 6 felony. An aggravated DUI for any of the other reasons is a class 4 felony.

These are serious felony charges that can require prison time if convicted and also come with numerous collateral consequences, such as driver’s license revocation, ignition interlock extensions, and more.

It is important to know that you can be charged with other felony charges and a misdemeanor DUI. We most often see this in cases of DUI involving an accident. If you cause an accident during your DUI incident, you could be facing serious felony charges for endangerment or criminal damage. In these instances, the DUI and other charges may be filed in Superior Court, or they may split the charges to bring them in two different courts. This could mean that the State would leave the misdemeanor DUI in one court and the felony charges in Superior Court.

Aggravated DUI convictions can carry years in prison or significant probation time.  It is important to have lawyers who know DUIs and litigate them on a regular basis, like the lawyers at The Behan Law Group.

If you or a loved one are facing felony DUI charges, contact The Behan Law Group today at 520-220-5047