Is the first drunk driving charge always a felony? 72 Answers as of February 22, 2012

Is the first drunk driving charge always a felony?

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Khayoumi Law Firm
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
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
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
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
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
    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.
    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
    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
    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
    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
    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
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Get A lawyer
    Answer Applies to: Michigan
    Replied: 8/13/2011
    The Chastaine Law Office
    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 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 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
    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
    Thomas J. Tomko Attorney At law
    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, 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
    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 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
    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
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    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
    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 | 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
    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, 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.
    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
    Anderson Law Office
    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
    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
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    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
    Gonzalez Law Associates P.C.
    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
    A.L.A. Law Group, LLP
    A.L.A. Law Group, 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
    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
    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
    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.
    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
    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 Offices of Matthew Murillo
    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 Neal L. Weinstein
    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
    Klisz Law Office, PLLC
    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
    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
    Leyba Defense, PLLC | Matthew Leyba
    No. Unless you it involves vehicular assault or vehicular homicide.
    Answer Applies to: Washington
    Replied: 8/12/2011
    Elmbrook Law Offices
    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
    Andersen Law PLLC
    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
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    In Florida its a misdemeanor.
    Answer Applies to: Florida
    Replied: 8/12/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    No, the fourth is.
    Answer Applies to: Alabama
    Replied: 8/12/2011
    Law Office of Kyle T. Green, PLLC
    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
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | 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
    Law Office of Joe Dane
    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
    Law Office of Jeff Yeh
    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
    Connell-Savela
    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
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    A DWI 1st Offense is a misdemeanor.
    Answer Applies to: Louisiana
    Replied: 8/12/2011
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