Are two DUI charges considered a felony? 69 Answers as of June 28, 2013

I want to know if having two DUI charges within a 10 year period is considered a felony.

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Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Two DUI's are not considered a felony however the prosecutor could seek a higher sentence if there are prior DUI convictions.
Answer Applies to: District of Columbia
Replied: 8/14/2012
Nenye Uche—Attorney at Law
Nenye Uche—Attorney at Law | Nenye Uche
Not in Illinois. In Illinois, only a third DUI or more could trigger a felony. However, because it is your second, the misdemeanor penalties could be harsher.
Answer Applies to: Illinois
Replied: 8/14/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
In Texas, a DWI (1st) is a Misdemeanor Class B, the Second DWI is a Misdemeanor A, and the third or higher DWI is a Felony (3rd Degree). Think of it this way, first DWI can land you in jail up to 180 days and get you fined up to $2000. Your second DWI can get you double that - 1 year in jail and fine up to $4000). The third time is no charm, punishment is not less than 2 years and not more than 10 years in prison and a fine up to $10,000. As for the 10 year rule - I stand to be corrected but the 10 year statute no longer applies. Your second, third, fourth etc. DWIs are your actual 2nd, 3rd, 4th, etc. regardless of when they occurred. That makes it more simple, no more "boot strapping" to get the third, but it also means there is no forgiveness for people who got a 1st and 2nd back in the 70's-80's when such things were not looked down upon so horribly.
Answer Applies to: Texas
Replied: 8/14/2012
Graves Law Firm
Graves Law Firm | Steve Graves
No. The third offense is a felony.
Answer Applies to: Texas
Replied: 8/14/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
If the first one was a misdemeanor then yes a second DWI is a felony if it is within ten years. If the first one was reduced to a DWAI and not a DWI then the second case would not be a felony.
Answer Applies to: New York
Replied: 8/14/2012
    Calvert & Hubach | Jenny Hubach
    No. It is not. A third within 7 is a felony.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    No. The second charge could only be charged as a second offense, which is a high misdemeanor. If you pick up a third DUI, ever in your lifetime, under Michigan law, that third DUI could be charged as a felony.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    No. A fourth DUI during one's driving history is a felony in the State of Alabama (no time limit). It is important to note that a person's recent history is important as the complete driving record is not analyzed in every situation.
    Answer Applies to: Alabama
    Replied: 8/14/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    No. A second DUI in 10 years is still a misdemeanor.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    No. It takes a 3rd charge to elevate the crime to a felony, and the time limit for the occurrence of the first 2 charges is 7 years not 10 and there is no time limit as to when the 3rd offense must occur for it to be classified as a felony.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Not usually, unless some other factor such as injury is involved.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    No it is not a felony.
    Answer Applies to: Nebraska
    Replied: 8/14/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, a 3rd DWI/DUI offense where the prior offenses are within 10 years is a Class A Misdemeanor.
    Answer Applies to: New Hampshire
    Replied: 8/14/2012
    T.K. Byrne | Timothy K. Byrne
    No, it should not be a felony.
    Answer Applies to: Mississippi
    Replied: 8/14/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    No they are not. The second DUI will actually be penalized as a "no prior offense" as only offenses within 7 years count for mandatory sentencing purposes. You don't face a felony in this scenario.
    Answer Applies to: Washington
    Replied: 8/14/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    In Mississippi a second DUI offense within a 5 year period is still considered a misdemeanor offense. It doesn't become a felony until you receive a third DUI conviction within a 5 year period. Any DUI convictions that are older than 5 years are not counted as far as the enhancement goes.
    Answer Applies to: Mississippi
    Replied: 8/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you were convicted of a misdemeanor DWI within a ten year period then the second arrest is a felony and you are facing a prison term. You should retain a good criminal lawyer to handle the case.
    Answer Applies to: New York
    Replied: 8/14/2012
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Normally, the District Attorney will not file for a Felony DUI with 2 DUI's in 10 years where there is no bodily injury. However, they will for 3 dui's in 10 years. It is highly recommended that you consult and hire an experienced DUI/Criminal Defense Attorney who regularly practices in the court where your new DUI case is filed because your new DUI can carry 90 days or more in county jail. Private Counsel will have a significant impact on your outcome of your case, including jail time. You only have 10 days from your current arrest for the Second DUI to request a DMV License Suspension Hearing or otherwise the DMV will automatically suspend your license for 1 year. When you were arrested you would only given a temporary 30 day license.
    Answer Applies to: California
    Replied: 8/14/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No, Three is a felony.
    Answer Applies to: Michigan
    Replied: 5/29/2013
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    No.
    Answer Applies to: Washington
    Replied: 5/29/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    In Nevada having a third DUI conviction is a felony. Whether you plead guilty, are found guilty or entered a plea of nolo contendere is not relevant.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 5/29/2013
    Law Offices of Cristian Towers | Cristian Towers
    No. At this point no DUI charge is considered a felony in NJ. However, driving while suspended for DUI can be a 4th degree felony if it is a 2nd offense of that nature.
    Answer Applies to: New Jersey
    Replied: 8/14/2012
    Pietryga Law Office | Russ Pietryga
    No. It is still a class B misdemeanor. Depending on the facts, there may be some difference to what I have written. But generally, you are facing The Utah Driver License Division and the Utah Courts will impose sanctions on a person for being arrested and/or convicted of driving under the influence. The Utah Driver License Division may impose sanctions based on the person's arrest. Additionally, the Utah Driver License Division will impose sanctions upon conviction. If convicted, Utah Courts will order mandatory sanctions. Additionally, there are a number of sanctions the Utah Courts may order.
    Answer Applies to: Utah
    Replied: 8/14/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    No three in your lifetime is a felony.
    Answer Applies to: Michigan
    Replied: 6/28/2013
    Jennifer L. Gottschalk, Esq. | Jennifer Gottschalk
    Under no circumstance is a DUI, or any number of DUI's under New Jersey law considered a felony. It is, however, now a felony if you are caught driving during the period of your license suspension after a DUI conviction.
    Answer Applies to: New Jersey
    Replied: 8/14/2012
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