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Khayoumi Law Firm | Salim A. Khayoumi
A DUI/DWI 1st offense is NOT a felony under New Mexico law (and other state DUI statutes). In New Mexico, a DUI/DWI 1st - through 3rd offense is considered a 'petty misdemeanor"; whereas, a 4th offense or higher is prosecuted as a felony crime.
Answer Applies to: New Mexico
Replied: 8/26/2011
Austin Legal Services, PLC | Jared Austin
A first offense DUI is NEVER a felony. A first offense DUI is always a 93-day misdemeanor or 180-day misdemeanor if "super drunk." A DUI only reaches felony status on the third charge.
Answer Applies to: Michigan
Replied: 8/24/2011
Wallin & Klarich: A Law Corporation | Paul Wallin
Unless you injured someone due to the DUI your first DUI is never a felony, it is always a misdemeanor.
Answer Applies to: California
Replied: 8/16/2011
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
Quite the opposite, the first drunk driving charge is never a felony. For many years if a person was convicted of 3 DUIIs in 10 years, then the 4th in 10 years was a felony. Recently, the legislature has reduced that to 2 convictions with the 3rd being the felony, but your first should be a misdemeanor.
Answer Applies to: Oregon
Replied: 8/16/2011
Law Office of Andrew Subin | Andrew Subin
No. It is a misdemeanor.
Answer Applies to: Washington
Replied: 8/15/2011
Law Office of Richard Williams | Richard Williams
A first time DUI is always a misdemeanor.
Answer Applies to: Alabama
Replied: 8/15/2011
Reeves Law Firm, P.C. | Roy L. Reeves
No. A first DWI in Texas is usually a Class B Misdemeanor, a second is a Class A and a 3rd becomes a Felony. These are of course generic DWI's there are enhancements to almost every case, depending on prior conduct, even if the prior criminal conduct is not alcohol related. Then there are enhancements to the actual DWI such as open container, wreck, wreck with injury, minor child in the vehicle at the time, death of a person other than the intoxicated driver, etc. IN short, the answer to your question is a resounding NO.
Answer Applies to: Texas
Replied: 8/15/2011
Law Office of Nixon Ayemi | Nixon Ayeni
It depends on your BAC or aggravating factors.
Answer Applies to: Minnesota
Replied: 8/17/2011
Law Office of Sara Sencer McArdle | Sara Sencer McArdle
Drunk driving is not a felony in New Jersey. You can call me for further information.
Answer Applies to: New Jersey
Replied: 8/15/2011
Law Offices of John Carney | John Carney
The first DWI is a misdemeanor unless you injure someone or leave the scene of an an accident where someone was injured.
Answer Applies to: New York
Replied: 8/15/2011
Law Office of Brendan M. Kelly | Brendan M. Kelly
First DUI is a misdemeanor offense.
Answer Applies to: Nebraska
Replied: 8/13/2011
Bloom Legal, LLC | Seth J. Bloom
Generally a first drunk driving offense in Louisiana is not a felony. For a DWI to be a felony it needs to fall under federal jurisdiction by either occurring on federal property (such as a military base) or it needs to be statutorily enhanced to felony status (3rd or 4th offense depending on the state etc).
Answer Applies to: Louisiana
Replied: 8/13/2011
The Chastaine Law Office | Michael Chastaine
No, in California a simple DUI is a misdemeanor. It only becomes a felony if there is an accident
Answer Applies to: California
Replied: 8/13/2011
Eric J Schurman, Attorney at Law | Eric James Schurman
Not in Washington. A first DUI is a gross misdemeanor
Answer Applies to: Washington
Replied: 8/13/2011
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
No. Whether it is a felonyor a misdemeanor depends on different statutory factors such as whether there was an accident, what was your blood alcohol level,your age etc. However even a DWI which is a misdemeanor can be raised to a felony if it is a second offense within 10 yearsof the first one.
Answer Applies to: New York
Replied: 8/13/2011
Law Office of Peter F. Goldscheider | Peter Goldscheider
If there is no accident and no injury it is a misdemeanor.
Answer Applies to: California
Replied: 8/13/2011
Craig W. Elhart, P.C. | Craig Elhart
First offense OWI is a misdemeanor. Only third offense OWI is a felony. Other actions involving drunk driving may be a felony however.
Answer Applies to: Michigan
Replied: 8/12/2011
Healan Law Offices | William D. Healan, III
No. The first DUI is a misdemeanor.
Answer Applies to: Georgia
Replied: 8/12/2011
Gregory Casale Attorney at Law | Gregory Casale
A first offense OUI (Operating Under the Influence) is a misdemeanor in Massachusetts. The definition of a Felony is a crime for which you can be sentenced to more than 2.5 years in prison. The maximum sentence for a 1st offense drunk driving charge is 2.5 years, therefore it is a misdemeanor.
Answer Applies to: Massachusetts
Replied: 8/12/2011
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
A first DUI is only a felony if someone suffered injuries.
Answer Applies to: California
Replied: 2/22/2012
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
No, it's a misdemeanor unless people were injured.
Answer Applies to: California
Replied: 8/12/2011
Michael Breczinski | Michael Breczinski
No usually the first drunk driving charge is a misdemeanor but if there was seriuos injury or death as a result then it could be a felony.
Answer Applies to: Michigan
Replied: 8/12/2011
Thomas J. Tomko Attorney At law | Thomas J. Tomko
A first time drunk driving is generally a misdemeanor. In Michigan, Operating While Intoxicated, Operating While Impaired, and Super Drunk are all misdemeanors. A first offense can be a felony if there is a serious injury or death as a result of the driving.
Answer Applies to: Michigan
Replied: 8/12/2011
Dennis Roberts, a P.C. | Dennis Roberts
Never unless an accident is involved. A simple DUI is always a misdemeanor even if it is your second.
Answer Applies to: California
Replied: 8/12/2011
The Law Office of B. Elaine Jones | B. Elaine Jones
The first drunk driving charge should be a misdemeanor. If you were charged with a felony you must have been extremely over the limit or caused some type of personal injury or property damage or an accident. The standard DUI first time is a misdemeanor. Hope that helps you with your question.
Answer Applies to: Florida
Replied: 8/12/2011
Timothy J. Thill P.C. | Timothy J. Thill
In Illinois, definitely not. DUI made Aggravated DUI, a felony, if the driver was unlicensed or driving on a suspended or revoked license. Also, if without insurance that is grounds for enhancing the charge to a felony. In all other cases, it is a class a misdemeanour, punishable by up to a year in jail and $2599 fine, as maximum sentences, although in almost every case, a probationary sentence with counselling is ordered.
Answer Applies to: Illinois
Replied: 8/12/2011
Law Offices of James A Bates | James A Bates
No, not unless someone is injured or killed.
Answer Applies to: California
Replied: 8/12/2011
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
No, the first drunk driving charge for a first time offender, in Michigan, is typically a misdemeanor unless there were some serious consequences from a severe car accident. A drunk driving incident resulting in death, obviously, would be charged as a felony.
Answer Applies to: Michigan
Replied: 8/12/2011
The English Law Firm | Robert English
Normally a first time DUI is a misdemeanor unless it involves injury to a third party.
Answer Applies to: California
Replied: 8/12/2011
Frances R. Johnson | Frances R. Johnson
A first straight DUI in Colorado is a misdemeanor, not a felony.
Answer Applies to: Colorado
Replied: 8/12/2011
Nelson & Lawless | Terry Nelson
DUI is a misdemeanor unless an accident is involved, then it can be a felony.
Answer Applies to: California
Replied: 8/12/2011
Michael D. Fluke, P.A. | Michael D. Fluke
The first DUI is typically a misdemeanor. Only when there are additional circumstances is a first DUI a felony. I suggest you consult a Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Replied: 8/12/2011
Freeborn Law Offices, P.S. | Steve Freeborn
No. The first DUI is always a gross misdemeanor (max penalty 1 year in jail and a $5,000.00 fine). A DUI only becomes a felony if there is something else that occurs during the commission of the DUI to raise it to a felony. An example would be vehicular assault, vehicular homicide, etc.
Answer Applies to: Washington
Replied: 8/12/2011
The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
No, never in Nebraska for only a first time DUI.
Answer Applies to: Nebraska
Replied: 8/12/2011
Anderson Law Office | Scott L. Anderson
The first drunk driving case is not a felony unless there has been a death or substantial bodily injury.
Answer Applies to: Minnesota
Replied: 8/12/2011
Law Office of Jared Altman | Jared Altman
No. Not at all. Maybe if there was someone 16 or younger in the car. Then you might face a felony.
Answer Applies to: New York
Replied: 8/12/2011
Gonzalez Law Associates P.C. | Carlos Gonzalez
No... Generally it's a misdemeanor and only a felony if charged again within 10 years or excessively high BAC.
Answer Applies to: New York
Replied: 8/12/2011
Greenwald, Mayfield & Vigil, LLP | Lauren M. Mayfield
No, a simple DUI (no accident with injury) is a misdemeanor. Typically, unless there are additional facts (accident with great bodily injury), a DUI is not a felony unless it is your fourth DUI. If you are being charged with felony DUI it is probably because you were involved in an accident that lead to you receiving the DUI. If this is the case it is very important that you speak with a criminal defense attorney right away as this can be a serious case with lasting consequences. If you are convicted of a felony DUI every DUI you receive after that can also be charged as a felony.
Answer Applies to: California
Replied: 8/12/2011
Harrison & Harrison | Samuel Harrison
No. A first DUI is a misdemeanor, unless the defendant did something else that is a felony.
Answer Applies to: Georgia
Replied: 8/12/2011
Night Life Lawyers | Joshua Aldabbagh
No, it is always a misdemeanor unless death or substantial bodily harm results from one's driving under the influence, in which case it will be prosecuted as a Category B felony.
Answer Applies to: Nevada
Replied: 8/12/2011
Goolsby Law Office | Richard Goolsby
Generally, a DUI is a misdemeanor. Please see a lawyer ASAP. Good luck!
Answer Applies to: Georgia
Replied: 8/12/2011
The Law Firm of Aaron Bortel Esq. | Aaron Bortel
A first DUI that does not involve any injury will be a misdemeanor. If there is an injury the DA can charge a Felony on a first DUI. The injured can even be someone in your car to make it a felony. Also, a 4th DUI within 10 years in California will be charged as a felony. The prior DUI's don't all have to be from California.
Answer Applies to: California
Replied: 8/12/2011
Law Office of Thomas F. Mueller | Thomas Mueller
No. It is almost always a Misdemeanor. Only if it involves an accident where there are serious injuries or death is it charged as a Felony.
Answer Applies to: California
Replied: 8/12/2011
Law Office of Neal L. Weinstein | Neal L. Weinstein
The first drunk driving charge is almost never a felony unless there are aggravating circumstances.
Answer Applies to: Maine
Replied: 8/12/2011
Law Offices of Matthew Murillo | Matthew Murillo
No. It's only a felony on a first offense if there was any kind of injury.
Answer Applies to: California
Replied: 8/12/2011
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
Not in Oregon. The third one is a felony, and it could have other felonies associated with it (if you caused an accident and injured someone, for instance.) But the first one is usually a misdemeanor.
Answer Applies to: Oregon
Replied: 8/12/2011
Klisz Law Office, PLLC | Timothy J. Klisz
No, it should never be a felony, unless the driver killed someone or severely injured someone, which would be a felony.
Answer Applies to: Michigan
Replied: 8/12/2011
The Law Office of James McKain | James McKain
In Washington DUI is a gross misdemeanor under normal circumstances. A gross misdemeanor is, as the name would suggest, not a felony. It would be a very rare set of circumstances that would allow a first DUI to be charged as a felony. You should contact an experienced DUI attorney so you may discuss the details of your case in confidence. Thank you,
Answer Applies to: Washington
Replied: 8/12/2011
Leyba Defense, PLLC | Matthew Leyba
No. Unless you it involves vehicular assault or vehicular homicide.
Answer Applies to: Washington
Replied: 8/12/2011
Jason Overton, Attorney at Law | Jason Overton
No, the fourth is.
Answer Applies to: Alabama
Replied: 8/12/2011
Watkins Law Office | Bob Watkins
DWI 1st is a class B misdemeanor.
Answer Applies to: New Hampshire
Replied: 8/12/2011
Halprin Law Office | Richard Halprin
The first is never a felony unless involving a serious injury, death or other aggravating circumstance.
Answer Applies to: Michigan
Replied: 8/12/2011
Law Office of James A Schoenberger | James A Schoenberger
No, DUIs are misdemeanors. There is, however, a felony DUI for repeat offenders
Answer Applies to: Washington
Replied: 8/12/2011
Hugo Florido ESQ. | Hugo Florido
In Florida its a misdemeanor.
Answer Applies to: Florida
Replied: 8/12/2011
Law Office of Kyle T. Green, PLLC | Kyle T. Green
No. Most DUI charges are misdemeanors. They only become felonies when it's a third DUI, the driver's license of the driver was suspended, or there was a passenger under the age of 15 in the vehicle.
Answer Applies to: Arizona
Replied: 8/12/2011
Elmbrook Law Offices | Gregory Straub
The first charged OWI is not a felony. In Wisconsin, the first OWI is a traffic citation.
Answer Applies to: Wisconsin
Replied: 8/12/2011
Law Office of Martina Vigil | Martina A. Vigil
Generally, a first time DUI is a misdemeanor; so is the second one. Unless there were injuries involved or multiple past DUI convictions it is a misdemeanor.
Answer Applies to: California
Replied: 8/12/2011
John Segelbaum, P.S. | John Segelbaum
A first DUI is NEVER a felony. It is a gross misdemeanor. the fifth DUI within 10 years is a felony.
Answer Applies to: Washington
Replied: 8/12/2011
Law Office of Joe Dane | Joe Dane
Absolutely not unless there was a collision with injuries to anyone but the person charged with DUI. A first time, routine DUI is a misdemeanor.
Answer Applies to: California
Replied: 8/12/2011
Andersen Law PLLC | Craig Andersen
No it is not currently a felony unless someone is killed or seriously injured. It takes five convictions to make it a felony.
Answer Applies to: Washington
Replied: 8/12/2011
John V Commons, Attorney at Law | John Commons
No, it is a misdemeanor unless it results in a death.
Answer Applies to: Indiana
Replied: 8/12/2011
Law Office of Jeff Yeh | Jeff Yeh
No. In fact, 99% are misdemeanors. Only when you caused a serious accident/injury will a first DUI be filed as a felony.
Answer Applies to: California
Replied: 8/12/2011
Potter Law Offices | Cal J. Potter, III, Esq.
First and Second DUI's are misdemeanors. A third DUI is a Felony. A first DUI with substantial bodily harm is a felony.
Answer Applies to: Nevada
Replied: 8/12/2011
Smith & John | Kenneth Craig Smith, Jr.
A DWI 1st Offense is a misdemeanor.
Answer Applies to: Louisiana
Replied: 8/12/2011
Gary Moore, Attorney at Law | Gary Moore
In New Jersey drunk driving, alone, is never a felony.
Answer Applies to: New Jersey
Replied: 8/12/2011
Connell-Savela | Jason Savela
Few Colorado DUI charges are ever felonies - there has to be a serious injury or other fact that makes it a felony
Answer Applies to: Colorado
Replied: 8/12/2011
Law Office of James E. Smith | James Smith
Unless there is a death or serious bodily harm to another person, the first DUI is a misdemeanor.
Answer Applies to: Nevada
Replied: 8/12/2011
Law Offices of Michelle Kalil Taylor | Michelle Kalil Taylor
A first time DUI charge with no injuries should only be a misdemeanor.
Answer Applies to: Florida
Replied: 8/12/2011
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