A first DUI with no one hurt is usually a misdemeanor, and in Wisconsin a first OWI is a forfeiture, which is not a crime under state law unless a child under 16 was in the car. Repeat offenses, serious injury or death, or a child passenger can make a DUI a felony, depending on the state.

Is a DUI a felony in Alabama?

A fourth or later DUI conviction within 10 years is a Class C felony (1 year and 1 day to 10 years in prison). After one felony DUI conviction, every later DUI is a felony. First, second and third convictions carry up to 1 year in jail. The DUI statute makes an offense a felony only on a fourth or later conviction or after a felony DUI. A child under 14 in the car, a blood alcohol level of 0.15 or more, or refusing a test make the penalty harsher but do not by themselves make a first, second or third DUI a felony.

Is a DUI a felony in Alaska?

A third DUI within 10 years is a class C felony. A first or second DUI is a class A misdemeanor. A new DUI is also a class C felony if the person was sentenced under the felony DUI rule, or under AS 28.35.032(p), within the last 10 years. The DUI statute lists no other felony triggers.

Is a DUI a felony in Arizona?

A third or later DUI within 84 months is aggravated DUI, a class 4 felony. A first or second DUI is a class 1 misdemeanor. Aggravated DUI is also a class 4 felony if the person was driving on a suspended, canceled, revoked or refused license (or one restricted because of an earlier DUI), was required to have an ignition interlock device, or was driving the wrong way on a highway. With a child under 15 in the vehicle, it is a class 6 felony.

Is a DUI a felony in Arkansas?

A fourth DWI within 10 years of the first offense is an unclassified felony (1 to 6 years in prison). A fifth or later within 10 years is an unclassified felony (2 to 10 years). A sixth or later within 20 years is a Class B felony. First, second and third offenses are unclassified misdemeanors. Causing a death while operating a vehicle while intoxicated (negligent homicide) is a Class B felony. Having a passenger under 16 raises the minimum jail or prison term but is not a separate felony.

Is a DUI a felony in California?

A DUI committed within 10 years of three or more separate violations that resulted in convictions (DUI, DUI causing injury, or alcohol-related reckless driving, often called "wet reckless") can be punished as a felony (a wobbler): either under Penal Code § 1170(h) or in county jail for 180 days to 1 year. A DUI within 10 years of an earlier DUI that was punished as a felony can also be punished as a felony, and so can a DUI after a conviction for vehicular manslaughter while intoxicated. Starting Jan. 1, 2027, under AB 1546, a third DUI within 10 years can also be punished as a felony (a wobbler), a fourth stays a wobbler, and a DUI within 10 years of four or more earlier violations is a felony under § 1170(h). DUI that causes bodily injury (§ 23153) can be punished with state prison or with 90 days to 1 year in county jail, even for a first offense. DUI that kills someone can be charged as gross vehicular manslaughter while intoxicated, which carries 4, 6 or 10 years in state prison (Penal Code § 191.5).

Is a DUI a felony in Colorado?

A DUI, DUI per se or DWAI is a misdemeanor, but it is a class 4 felony if it comes after three or more prior convictions, from separate incidents, for DUI, DUI per se, DWAI, DUI vehicular homicide or DUI vehicular assault. In practice that makes a fourth offense a felony. Vehicular homicide while under the influence is a class 3 felony (class 4 if the driver's ability was impaired), and vehicular assault while under the influence is a class 4 felony (class 5 if the driver's ability was impaired) (Colo. Rev. Stat. §§ 18-3-106, 18-3-205).

Is a DUI a felony in Connecticut?

Connecticut's DUI statute does not label any repeat offense a felony or a misdemeanor. A second violation within 10 years of a prior conviction carries up to 2 years in prison, and a third or later violation within 10 years carries up to 3 years. State law defines a felony as an offense that can bring more than one year in prison (§ 53a-25). Killing someone while driving under the influence is manslaughter in the second degree with a motor vehicle, a class C felony. Causing serious physical injury is assault in the second degree with a motor vehicle, a class D felony. DUI with a passenger under 18 carries up to 1 year for a first violation and up to 3 years for a second violation within 10 years.

Is a DUI a felony in Delaware?

A third DUI (after two prior offenses) is a class G felony, with 1 to 2 years in prison. A fourth and a fifth are class E felonies, a sixth is a class D felony, and a seventh or later is a class C felony. A first and second DUI are not labeled felonies in the statute. Causing a death by criminally negligent driving while under the influence is vehicular homicide in the first degree, a class C felony with a 2-year minimum. Causing a death by negligent driving while under the influence is vehicular homicide in the second degree, a class D felony with a 1-year minimum. Causing serious physical injury by negligent driving while under the influence is vehicular assault in the first degree, a class F felony.

Is a DUI a felony in D.C.?

No repeat-offense felony. Even a person with two or more earlier offenses faces up to 1 year in jail and a fine of $2,500 to $10,000, with at least 15 days of jail. The DUI penalty sections themselves set no felony. Causing a death by driving a vehicle in a careless, reckless or negligent manner (negligent homicide) is a felony with up to 5 years in prison, whether or not alcohol is involved. Having a minor in the vehicle adds mandatory jail time and a fine, not a felony.

Is a DUI a felony in Florida?

A third DUI conviction for an offense within 10 years of a prior conviction is a third-degree felony. A fourth or later conviction is a third-degree felony no matter how much time has passed. A third conviction more than 10 years after a prior one is punished by a fine of $2,000 to $5,000 and up to 12 months in jail. DUI causing serious bodily injury is a third-degree felony. DUI manslaughter is a second-degree felony with a 4-year mandatory minimum prison term. It is a first-degree felony if the driver knew or should have known of the crash and failed to give information and render aid, or if the driver has a prior conviction for DUI manslaughter or certain other homicide offenses, such as vehicular homicide.

Is a DUI a felony in Georgia?

A fourth or later DUI conviction within 10 years is a felony, with 1 to 5 years in prison and a fine of $1,000 to $5,000. A first or second conviction is a misdemeanor and a third is a misdemeanor of a high and aggravated nature. Homicide by vehicle in the first degree is a felony punishable by 3 to 15 years in prison, and it applies to causing a death while violating the DUI law. Serious injury by vehicle is a felony punishable by 1 to 15 years, and it applies to causing an accident that results in bodily harm while violating the DUI law.

Is a DUI a felony in Hawaii?

Habitually operating a vehicle under the influence of an intoxicant is a class C felony. It applies to a person with two or more earlier OVUII convictions within 10 years (or an earlier habitual OVUII conviction within 10 years). It is a class B felony if the person was a highly intoxicated driver. Negligent homicide in the first degree (causing a death with a vehicle while under the influence of drugs or alcohol) is a class B felony. It is a class A felony if the person has an earlier OVUII conviction within 15 years, was engaged in conduct that violates § 291E-62 at the time, or was a highly intoxicated driver.

Is a DUI a felony in Idaho?

A DUI is a felony when the person has two or more earlier DUI violations within 10 years. It is also a felony when the person completed a DUI diversion program and has one or more earlier DUI violations within 10 years. The penalty is up to 10 years in prison and a fine of up to $5,000. Aggravated DUI, a DUI that causes great bodily harm, permanent disability or permanent disfigurement to another person, is a felony punishable by up to 15 years in prison and a fine of up to $5,000. A DUI that causes a death is vehicular manslaughter, punishable by up to 15 years. Since July 1, 2025, it carries a mandatory minimum of 5 years (up to 25) for a person with one earlier DUI or aggravated DUI, and 10 years (up to 25) for a person with two or more.

Is a DUI a felony in Illinois?

A third DUI is aggravated DUI and a Class 2 felony. A fourth is also a Class 2 felony (no probation), a fifth is a Class 1 felony (no probation), and a sixth or later is a Class X felony. A first or second DUI is a Class A misdemeanor. Aggravated DUI (a Class 4 felony unless the law sets a higher class) also covers: causing great bodily harm or permanent disability or disfigurement in a crash (1 to 12 years in prison if imprisoned); causing a death (Class 2, 3 to 14 years for one death and 6 to 28 years for two or more, unless the court finds extraordinary circumstances and orders probation); a DUI after an earlier conviction for reckless homicide while impaired or for aggravated DUI causing great bodily harm or death (Class 3, no probation); a crash in a 20 mph school speed zone that injures someone; a crash that injures a child passenger under 16; driving a school bus with passengers; driving while the license is revoked or suspended for an earlier DUI or another offense listed in the statute, such as a chemical-test suspension or reckless homicide; driving with no license or permit; driving with no insurance; a second DUI with a passenger under 16 (Class 2); and driving a for-hire vehicle with passengers.

Is a DUI a felony in Indiana?

A Level 6 felony if the person has an earlier OWI conviction within the previous 7 years. It is a Level 5 felony if the person has an earlier conviction for OWI causing death or catastrophic injury, or causing serious bodily injury. Causing serious bodily injury while operating intoxicated is a Level 5 felony, or a Level 4 felony with an earlier OWI conviction in the past 5 years. Causing a death or catastrophic injury is a Level 4 felony. Causing the death of a law enforcement animal is a Level 6 felony. Intoxicated driving by a person 21 or older with a passenger under 18 is a Level 6 felony when the blood alcohol level is at least 0.15, a Schedule I or II drug is in the blood, or the driving endangers a person.

Is a DUI a felony in Iowa?

A third offense and each later offense is a Class D felony. A first offense is a serious misdemeanor and a second is an aggravated misdemeanor. Causing a death by driving while intoxicated is homicide by vehicle, a Class B felony. Causing a serious injury this way is a Class D felony. Driving while the license is suspended, revoked or barred because of an OWI is a serious misdemeanor.

Is a DUI a felony in Kansas?

A third DUI conviction is a severity level 6 nonperson felony if the person has a prior conviction within the preceding 10 years, not counting time incarcerated; otherwise a third conviction is a class A misdemeanor. A fourth or later conviction is a severity level 6 nonperson felony. Killing someone while driving under the influence is involuntary manslaughter, a severity level 4 person felony (level 3 if the person's license was suspended, revoked or restricted, or the person was a habitual violator). Causing great bodily harm or disfigurement while driving under the influence is aggravated battery, a severity level 5 person felony, or level 4 in some cases. Having a child under 18 in the vehicle adds one month of imprisonment but does not by itself make a DUI a felony.

Is a DUI a felony in Kentucky?

A fourth or later DUI offense within a 10-year period is a Class D felony (1 to 5 years). First, second and third offenses within 10 years are misdemeanors (a third carries 30 days to 12 months in jail). Driving on a license suspended for DUI is a Class D felony on a third or later offense within 10 years, or on a second offense if the person was also under the influence. Aggravating circumstances, such as a crash causing death or serious physical injury, a blood alcohol level of 0.15 or more, or a passenger under 12, raise the mandatory minimum jail time but do not by themselves make a first, second or third DUI a felony.

Is a DUI a felony in Louisiana?

A third offense is a felony: 1 to 5 years, with or without hard labor, and a $2,000 fine. A fourth or later offense is a felony: 10 to 30 years, with or without hard labor, and a $5,000 fine. A second offense is also a felony (2 to 5 years) when the first was vehicular homicide, third degree feticide or first degree vehicular negligent injuring. Otherwise first and second offenses are misdemeanors (up to 6 months). Vehicular homicide is punishable by 5 to 30 years with or without hard labor. First degree vehicular negligent injuring is punishable by up to 10 years with or without hard labor.

Is a DUI a felony in Maine?

Maine does not use the word felony. A person with two or more earlier OUI offenses within 10 years faces a Class C crime (up to 5 years in prison). A first or second OUI is a Class D crime. OUI that causes serious bodily injury is a Class C crime (up to 5 years). OUI that causes death, or by a person with an earlier Class B or Class C OUI conviction or an earlier vehicular criminal homicide conviction (counted at any time), is a Class B crime (up to 10 years). Each carries at least 6 months of incarceration, and the penalties cannot be suspended.

Is a DUI a felony in Maryland?

No repeat-offense felony. Even with prior convictions, the offense stays a misdemeanor: with two prior convictions it carries up to 5 years, and with three or more (or a prior conviction for manslaughter, homicide or life-threatening injury by vehicle) up to 10 years. Homicide by motor vehicle while under the influence of alcohol is a felony (up to 5 years, or 10 with a prior conviction), and while impaired by alcohol, a felony (up to 3 years, or 5 with a prior). Manslaughter by vehicle for grossly negligent driving is a felony (up to 10 years). Life-threatening injury by vehicle while under the influence is a misdemeanor.

Is a DUI a felony in Massachusetts?

A third offense can be punished by 2.5 to 5 years in state prison (or by 180 days to 2.5 years), which makes it a felony. A first or second offense carries no state prison term, so it is a misdemeanor. Homicide by a motor vehicle while under the influence is punishable by 2.5 to 15 years in state prison, and causing serious bodily injury while operating under the influence by 2.5 to 10 years in state prison.

Is a DUI a felony in Michigan?

A third conviction is a felony: a violation after 2 or more prior convictions is punishable by 1 to 5 years in prison, or by probation with 30 days to 1 year in jail, plus a fine of $500 to $5,000. Operating while intoxicated and causing a death is a felony (up to 15 years, or up to 20 years in certain cases). Causing serious impairment of a body function is a felony (up to 5 years, or up to 10 years in certain cases). Operating while intoxicated with a passenger under 16 is a felony after a prior conviction within 7 years or after 2 or more prior convictions.

Is a DUI a felony in Minnesota?

First-degree driving while impaired is a felony. It applies to a violation within ten years of the first of three or more qualified prior impaired driving incidents, or after a prior felony conviction for first-degree driving while impaired or for an impairment-related criminal vehicular homicide or injury. First-degree driving while impaired carries up to 7 years in prison and a fine of up to $14,000. Criminal vehicular homicide (up to 10 years) and criminal vehicular operation causing great bodily harm (up to 5 years) are also felonies.

Is a DUI a felony in Mississippi?

A third DUI is a felony if the offenses were committed within 5 years: 1 to 5 years in the custody of the Department of Corrections and a fine of $2,000 to $5,000. A fourth or later DUI is a felony with no time limit: 2 to 10 years and a fine of $3,000 to $10,000. A second DUI within 5 years is a misdemeanor, and a first DUI carries a fine of $250 to $1,000, up to 48 hours in jail, or both. Negligently causing a death, or a mutilating or permanently disabling injury, while driving under the influence (aggravated DUI) is a felony for each victim, with 5 to 25 years. A commercial driver's license holder convicted of driving a commercial vehicle at 0.08% or more is guilty of a felony (2 to 10 years). DUI with a child under 16 in the vehicle (by a driver over 21) is a separate offense: a felony for a third or later conviction (1 to 5 years), or for any conviction that seriously injures or kills the child (5 to 25 years).

Is a DUI a felony in Missouri?

A third DWI is a Class E felony (the person is a "persistent offender"). A fourth is a Class D felony, a fifth is a Class C felony, and a sixth or later is a Class B felony. Any later DWI by a person already found guilty of a DWI as a habitual offender, or of causing the death of another person under § 577.010.2(6)(b), is a Class A felony. Causing physical injury to another person while driving drunk, with criminal negligence, is a Class D felony, and serious physical injury is a Class C felony. For a death, the 2026 law lists the same conduct twice: causing "the death of another person" is a Class B felony in § 577.010.2(6)(b), and causing "the death of any person" is a Class A felony in § 577.010.2(7)(a).

Is a DUI a felony in Montana?

A DUI is a felony when the person has any combination of three or more earlier convictions for DUI (including aggravated DUI or a similar offense in another state), negligent vehicular assault, criminal child endangerment by driving under the influence with a child in the vehicle, or negligent homicide committed while driving under the influence. It is also a felony after any earlier conviction for vehicular homicide or aggravated vehicular homicide while under the influence. The sentence is 13 months to 2 years with the Department of Corrections in a facility or program, followed by a 5-year suspended prison term, and a fine of $5,000 to $10,000, or up to 5 years in a treatment court program with the same fine range. A first through third DUI carries no more than 1 year in jail under § 61-8-1007. Vehicular homicide while under the influence carries up to 30 years in state prison, a fine of up to $50,000, or both. Aggravated vehicular homicide while under the influence carries 3 to 30 years in state prison, a fine of $10,000 to $50,000, or both. Negligent vehicular assault that causes serious bodily injury, and criminal child endangerment by driving under the influence with a child under 14 in the vehicle, each carry up to 10 years. An earlier conviction for either vehicular homicide offense makes any later DUI a felony.

Is a DUI a felony in Nebraska?

A fourth DUI (three earlier convictions) is a Class IIIA felony with at least 180 days in jail or an adult correctional facility. A third DUI (two earlier convictions) is a Class W misdemeanor, unless the person's alcohol concentration was 0.15 or more or the person refused the test, which makes it a Class IIIA felony. With three earlier convictions plus 0.15 or more or a refusal, it is a Class IIA felony (at least 1 year in prison). Four or more earlier convictions is a Class IIA felony (at least 2 years), or a Class II felony (at least 2 years) with 0.15 or more or a refusal. Causing serious bodily injury while driving under the influence is a Class IIIA felony. Motor vehicle homicide caused by driving under the influence is a Class IIA felony, or a Class II felony if the person has an earlier DUI conviction. Driving while the license is revoked after certain DUI convictions (including any third or later DUI, a DUI injury or a DUI homicide) is a Class IV felony.

Is a DUI a felony in Nevada?

A third DUI within 7 years is a category B felony (1 to 6 years in prison and a fine of $2,000 to $5,000). A DUI after a prior felony DUI conviction is also a category B felony (2 to 15 years). A DUI that causes death or substantial bodily harm to another person is a category B felony: 2 to 25 years if it causes a death (5 to 25 years with one or two prior offenses) and 2 to 20 years for substantial bodily harm. A DUI that causes a death by a driver previously convicted of at least three offenses is vehicular homicide, a category A felony (life with parole eligibility after 10 years, or a definite 25 years). A DUI after a prior felony DUI or DUI homicide conviction is also a category B felony.

Is a DUI a felony in New Hampshire?

A fourth or later DWI offense is a felony when the prior convictions counted fall within the 10 years before the new offense; the statute does not give the felony a class. First, second and third offenses are misdemeanors (a first offense is a class B misdemeanor; a second or third is a class A misdemeanor). Causing a death while under the influence is negligent homicide, a class A felony. Aggravated DWI that causes a crash with serious bodily injury to the driver or anyone else is a class B felony. Other aggravated DWI, such as speeding 30 mph over the limit, having a passenger under 16 or an alcohol concentration of 0.16 or more, is a class A misdemeanor.

Is a DUI a felony in New Jersey?

No repeat-offense felony. Even a third or later DWI stays a motor vehicle offense, with a $1,000 fine, at least 180 days in county jail (the court can cut up to 90 days for time in an approved inpatient treatment program) and loss of the license for 8 years. Causing a death by reckless driving is reckless vehicular homicide, a second-degree crime, and proof of DWI lets the court infer recklessness. It is a first-degree crime if the drunk driving happened on or near school property or in a school crossing. Assault by auto while DWI is a third-degree crime if it causes serious bodily injury and fourth degree for bodily injury. Driving during a license suspension for a second or later DWI is a fourth-degree crime with at least 180 days without parole.

Is a DUI a felony in New Mexico?

A fourth DWI conviction is a fourth-degree felony (18 months). A fifth is also a fourth-degree felony (2 years), a sixth or seventh is a third-degree felony (30 months or 3 years) and an eighth or later is a second-degree felony (12 years). Homicide by vehicle while under the influence is a second-degree felony. Great bodily harm by vehicle while under the influence is a third-degree felony. Each prior DWI conviction within ten years adds four years to the basic sentence for those two offenses.

Is a DUI a felony in New York?

A DWI-type conviction within 10 years of an earlier one is a class E felony. With two earlier convictions within 10 years it is a class D felony. Three or more earlier convictions within 15 years is also a class D felony. Driving while intoxicated or drug-impaired with a child 15 or younger in the vehicle (aggravated DWI under Vehicle and Traffic Law § 1192(2-a)(b)) is a class E felony even with no earlier conviction. Vehicular manslaughter in the second degree, a separate Penal Law crime, is a class D felony.

Is a DUI a felony in North Carolina?

Habitual impaired driving is a Class F felony. It applies to a person who drives while impaired and has three or more earlier impaired driving convictions within 10 years. The sentence includes at least 12 months of active imprisonment, which cannot be suspended. Felony death by vehicle while impaired is a Class D felony, and a repeat felony death by vehicle is a Class B2 felony. Felony serious injury by vehicle while impaired is a Class F felony, or a Class E felony if the person has a prior impaired driving conviction within seven years.

Is a DUI a felony in North Dakota?

A fourth or later DUI within 15 years is a Class C felony, with at least 1 year and 1 day in prison and a fine of at least $2,000. A first or second offense in a 7-year period is a Class B misdemeanor, and a third offense in a 7-year period is a Class A misdemeanor. Causing a death while violating the DUI law is criminal vehicular homicide, a Class A felony with at least 3 years in prison (at least 10 years with an earlier DUI or reckless driving conviction). Causing substantial bodily or serious bodily injury is criminal vehicular injury, a Class B felony with at least 1 year and 1 day (at least 2 years with an earlier DUI or reckless driving conviction). DUI with a minor in the vehicle, by a driver 21 or older, is a Class A misdemeanor, or a Class C felony if the person has an earlier conviction for that same offense.

Is a DUI a felony in Ohio?

A fourth-degree felony if the person has three or four earlier OVI convictions within 10 years, five or more within 20 years, or an earlier conviction on a repeat-OVI specification (R.C. 2941.1413). A third-degree felony if the person has an earlier OVI conviction that was a felony. Aggravated vehicular homicide, causing a death as the proximate result of an OVI, is a second-degree felony with a mandatory prison term. It is a first-degree felony in listed cases, such as driving under suspension, driving without a valid license, or an OVI or traffic-related homicide, manslaughter or assault conviction in the previous 20 years (R.C. 2903.06). Aggravated vehicular assault, causing serious physical harm as the proximate result of an OVI, is a third-degree felony, or a second-degree felony in listed cases, such as driving under suspension or certain earlier convictions (R.C. 2903.08).

Is a DUI a felony in Oklahoma?

A second DUI within 10 years is a Class C2 felony. After a felony DUI, the next one is a Class B4 felony (1 to 10 years). After two felony DUIs, the next is a Class B3 felony (1 to 20 years). A first DUI is a misdemeanor (10 days to 1 year in jail) unless it is aggravated DUI. Starting Nov. 1, 2026, two or more DUIs within one year may also be combined and charged as one Class C2 felony. Aggravated DUI is a felony. Until Nov. 1, 2026, the statute books hold more than one version of the DUI law: the version in effect since Jan. 1, 2026 makes a DUI with an alcohol level of 0.15 or more aggravated DUI, a Class B3 felony, while a version in effect since Nov. 1, 2025 also counts a reportable crash, eluding police, speeding 20 mph or more over the limit (10 in an active school zone), a passenger under 18, reckless driving and certain lane violations. On Nov. 1, 2026, SB 1543 replaces them with one version in which any of those factors, including 0.15 or more, makes a DUI aggravated DUI, a Class B3 felony. A DUI after an earlier conviction for second-degree murder or first-degree manslaughter involving a DUI death is a Class A2 felony (5 to 20 years).

Is a DUI a felony in Oregon?

DUII is a Class A misdemeanor, but it is a Class C felony if the person has two or more earlier DUII convictions (including similar convictions in another state) in the 10 years before the current offense. Felony DUII carries a mandatory minimum of 90 days of incarceration. Criminal driving while suspended or revoked is a Class B felony if the license was revoked after a felony DUII conviction, and also if it came from murder, manslaughter, criminally negligent homicide or assault involving a motor vehicle. The same crime is a Class A misdemeanor if the suspension came from a misdemeanor DUII.

Is a DUI a felony in Pennsylvania?

A DUI is a third-degree felony if the person has three or more prior DUI offenses, or an earlier conviction for homicide by vehicle while DUI. For a breath or blood test refusal, the highest alcohol tier (0.16% or more) or a drug DUI, two prior offenses make it a third-degree felony and three or more make it a second-degree felony. Driving under the influence within 10 years after finishing ARD (a diversion program) for an earlier DUI is a separate offense, and it can make a later DUI a felony with fewer priors. Otherwise a DUI is a misdemeanor. Homicide by vehicle while DUI is a second-degree felony, or a first-degree felony if the person already has a DUI conviction or certain other earlier cases. Aggravated assault by vehicle while DUI (causing serious bodily injury) is a second-degree felony. DUI with a minor under 18 in the vehicle is a third-degree felony with two or more prior offenses.

Is a DUI a felony in Rhode Island?

A third or later DUI within 10 years is a felony. With an alcohol level of 0.08% to under 0.15% (or an unknown level, or a controlled substance in the blood), the sentence is 1 to 3 years in jail. With an alcohol level of 0.15% or more, or when under the influence of drugs, it is 3 to 5 years. A first or second DUI is generally a misdemeanor. DUI resulting in death is punished by 5 to 15 years for a first violation. DUI resulting in serious bodily injury is punished by 1 to 10 years. DUI while the license is suspended or revoked for DUI is a felony with up to 3 years. A second or later DUI with a child under 13 as a passenger is a felony with up to 5 years.

Is a DUI a felony in South Carolina?

A fourth or later DUI within 10 years is classified as a Class F felony, with 1 to 5 years in prison (up to 6 or 7 years at higher alcohol levels). A third DUI is classified as a Class A misdemeanor, even though it carries 60 days to 3 years (up to 4 or 5 years at higher alcohol levels). The DUI statute itself does not use the word felony; the label comes from the state's crime classification list. Felony DUI applies when a driver under the influence causes great bodily injury (30 days to 15 years) or death (1 to 25 years) to another person.

Is a DUI a felony in South Dakota?

A third offense is a Class 6 felony, a fourth is a Class 5 felony, and a fifth or later is a Class 4 felony. A first or second offense is a Class 1 misdemeanor. Vehicular homicide while under the influence is a Class 3 felony. Vehicular battery causing serious bodily injury while under the influence is a Class 4 felony.

Is a DUI a felony in Tennessee?

A fourth DUI conviction is a felony, sentenced in the Class E felony range with at least 150 days to serve. A fifth is sentenced as a Class D felony and a sixth or later as a Class C felony. DUI with a child under 18 in the car who is seriously hurt is a Class D felony, and if the child is killed it is a Class B felony. Vehicular assault by an intoxicated driver is a Class D felony.

Is a DUI a felony in Texas?

A third DWI conviction is a third-degree felony. So is a DWI after one earlier intoxication manslaughter conviction. Intoxication assault is a third-degree felony and intoxication manslaughter is a second-degree felony. DWI with a passenger younger than 15 is a state jail felony. For offenses on or after Sept. 1, 2025, DWI in a school crossing zone while the reduced speed limit applies is also a state jail felony.

Is a DUI a felony in Utah?

A DUI is a third degree felony when the person has two or more earlier DUI convictions within 10 years, which makes the third conviction in that window a felony. A DUI is also a third degree felony, no matter how much time has passed, if the person has an earlier felony conviction for a DUI-related offense, such as a felony DUI or automobile homicide. An unrelated felony does not count. Causing a death through negligent driving while impaired is automobile homicide, a second degree felony. Negligently injuring someone while impaired is a Class A misdemeanor, or a third degree felony if the injury is serious. A passenger under 16 raises a DUI to a Class A misdemeanor, not a felony.

Is a DUI a felony in Vermont?

A third offense carries up to 5 years in prison, which makes it a felony. A fourth or later offense carries up to 10 years. A first or second offense carries up to 2 years, so it is a misdemeanor. If someone dies because of a DUI, the sentence is 1 to 15 years. If serious bodily injury results to a person other than the driver, the sentence is up to 15 years. Both penalties are above the two year line, so both are felonies.

Is a DUI a felony in Virginia?

A third offense within 10 years is a Class 6 felony. Any DUI is a Class 6 felony, with at least 1 year in prison, if the person has an earlier conviction for a felony DUI or for causing a death or serious injury while driving or boating intoxicated. Causing a death while driving under the influence is involuntary manslaughter; if the driving shows reckless disregard for human life, it is aggravated involuntary manslaughter, a felony punishable by 1 to 20 years. Causing serious bodily injury while driving intoxicated with reckless disregard for human life is a Class 6 felony, or a Class 4 felony if the injury leaves permanent and significant physical impairment.

Is a DUI a felony in Washington?

A DUI is a Class B felony when the person has three or more prior offenses within 15 years. Otherwise a DUI is a gross misdemeanor. A DUI is also a Class B felony, no matter how long ago the earlier case was, if the person was ever convicted of vehicular homicide or vehicular assault while under the influence, an out-of-state equivalent, or an earlier felony DUI or felony physical control (being in control of a vehicle while impaired). Causing a death while driving under the influence is vehicular homicide, a Class A felony. Causing substantial bodily harm while under the influence is vehicular assault, a Class B felony.

Is a DUI a felony in West Virginia?

A third or later DUI within 10 years is a felony, punishable by 2 to 5 years in prison. A first DUI is a misdemeanor, and a second DUI within 10 years is a misdemeanor with 6 months to 1 year in jail. DUI causing death is a felony: 3 to 15 years in prison, or 5 to 30 years if the driver also showed deliberate disregard for others' safety (the longer range is from "Baylea's Law," in effect since June 12, 2026). DUI causing serious bodily injury is a felony (2 to 10 years). DUI causing other bodily injury and DUI with a passenger under 16 are misdemeanors.

Is a DUI a felony in Wisconsin?

A fourth OWI is a Class H felony. A fifth or sixth is a Class G felony, a seventh to ninth is a Class F felony, and a tenth or later is a Class E felony. A first OWI is punished by a forfeiture (a fine of $150 to $300), which is not a crime in Wisconsin, unless a child under 16 was in the vehicle. A second and a third OWI carry jail time but are not felonies. Homicide by intoxicated use of a vehicle is a Class D felony, or a Class C felony with a prior conviction, suspension or revocation. Injury by intoxicated use of a vehicle (great bodily harm) is a Class F felony. A third or later OWI with a passenger under 16 is a felony, and the penalties are doubled; a first OWI with such a passenger carries 5 days to 6 months in jail.

Is a DUI a Felony? When It Is, State by State (2026)

When a DUI is a felony in each state

Can be a felony from the 2nd offense3
From the 3rd offense25
From the 4th offense18
5th offense or later0
No repeat-offense felony3
Other rules (see the state)2

When a DUI is a felony, by state
State	Called	Repeat offenses	Other felonies
Alabama	DUI	A fourth or later DUI conviction within 10 years is a Class C felony (1 year and 1 day to 10 years in prison). After one felony DUI conviction, every later DUI is a felony. First, second and third convictions carry up to 1 year in jail.Counts: A prior DUI counts if it was within 10 years of the new offense. Once someone has a felony DUI conviction, every later DUI is a felony no matter how long ago it was.	The DUI statute makes an offense a felony only on a fourth or later conviction or after a felony DUI. A child under 14 in the car, a blood alcohol level of 0.15 or more, or refusing a test make the penalty harsher but do not by themselves make a first, second or third DUI a felony. Ala. Code § 32-5A-191(e)-(j), (p)
Alaska	DUI	A third DUI within 10 years is a class C felony. A first or second DUI is a class A misdemeanor.Counts: 10 years for the felony: two or more earlier DUI convictions since Jan. 1, 1996, within the 10 years before the new offense. For the minimum sentence on a misdemeanor DUI, earlier convictions within 15 years count.	A new DUI is also a class C felony if the person was sentenced under the felony DUI rule, or under AS 28.35.032(p), within the last 10 years. The DUI statute lists no other felony triggers. AS 28.35.030(b), (n), (w)(4)
Arizona	DUI	A third or later DUI within 84 months is aggravated DUI, a class 4 felony. A first or second DUI is a class 1 misdemeanor.Counts: 84 months for the felony, counted by offense dates. Time in custody or on absconder status is not counted. A second DUI within 84 months brings higher misdemeanor penalties.	Aggravated DUI is also a class 4 felony if the person was driving on a suspended, canceled, revoked or refused license (or one restricted because of an earlier DUI), was required to have an ignition interlock device, or was driving the wrong way on a highway. With a child under 15 in the vehicle, it is a class 6 felony. A.R.S. §§ 28-1381(C), (K), 28-1383(A), (B), (O)
Arkansas	DWI	A fourth DWI within 10 years of the first offense is an unclassified felony (1 to 6 years in prison). A fifth or later within 10 years is an unclassified felony (2 to 10 years). A sixth or later within 20 years is a Class B felony. First, second and third offenses are unclassified misdemeanors.Counts: 10 years from the first offense for the fourth and fifth offenses, and 20 years from the first offense for the sixth. A certified out-of-state conviction can count as a prior offense.	Causing a death while operating a vehicle while intoxicated (negligent homicide) is a Class B felony. Having a passenger under 16 raises the minimum jail or prison term but is not a separate felony. Ark. Code §§ 5-65-103, 5-65-111, 5-10-105(a)
California	DUI	A DUI committed within 10 years of three or more separate violations that resulted in convictions (DUI, DUI causing injury, or alcohol-related reckless driving, often called "wet reckless") can be punished as a felony (a wobbler): either under Penal Code § 1170(h) or in county jail for 180 days to 1 year. A DUI within 10 years of an earlier DUI that was punished as a felony can also be punished as a felony, and so can a DUI after a conviction for vehicular manslaughter while intoxicated. Starting Jan. 1, 2027, under AB 1546, a third DUI within 10 years can also be punished as a felony (a wobbler), a fourth stays a wobbler, and a DUI within 10 years of four or more earlier violations is a felony under § 1170(h).Counts: 10 years. A prior conviction for gross vehicular manslaughter while intoxicated (Penal Code § 191.5(a)), a felony conviction under § 191.5(b), or a conviction under § 192.5(a) counts with no time limit.	DUI that causes bodily injury (§ 23153) can be punished with state prison or with 90 days to 1 year in county jail, even for a first offense. DUI that kills someone can be charged as gross vehicular manslaughter while intoxicated, which carries 4, 6 or 10 years in state prison (Penal Code § 191.5). Cal. Veh. Code §§ 23546, 23550, 23550.5, 23554; Cal. Penal Code § 191.5; Stats. 2026, ch. 444 (AB 1546)
Colorado	DUI, DUI per se, DWAI	A DUI, DUI per se or DWAI is a misdemeanor, but it is a class 4 felony if it comes after three or more prior convictions, from separate incidents, for DUI, DUI per se, DWAI, DUI vehicular homicide or DUI vehicular assault. In practice that makes a fourth offense a felony.Counts: The statute sets no time limit. Prior convictions from Colorado, other states and federal courts all count.	Vehicular homicide while under the influence is a class 3 felony (class 4 if the driver's ability was impaired), and vehicular assault while under the influence is a class 4 felony (class 5 if the driver's ability was impaired) (Colo. Rev. Stat. §§ 18-3-106, 18-3-205). Colo. Rev. Stat. §§ 42-4-1301(1), (2)(a), 18-3-106(1)(b), (1)(c), 18-3-205(1)(b), (1)(c)
Connecticut	OUI	Connecticut's DUI statute does not label any repeat offense a felony or a misdemeanor. A second violation within 10 years of a prior conviction carries up to 2 years in prison, and a third or later violation within 10 years carries up to 3 years. State law defines a felony as an offense that can bring more than one year in prison (§ 53a-25).Counts: 10 years after a prior conviction for the same offense. Earlier convictions under §§ 14-227m, 14-227n, 53a-56b or 53a-60d, boating under the influence (§§ 15-133(d), 15-140l, 15-140n), and similar out-of-state offenses also count.	Killing someone while driving under the influence is manslaughter in the second degree with a motor vehicle, a class C felony. Causing serious physical injury is assault in the second degree with a motor vehicle, a class D felony. DUI with a passenger under 18 carries up to 1 year for a first violation and up to 3 years for a second violation within 10 years. Conn. Gen. Stat. §§ 14-227a(g), 14-227m(c), 53a-56b, 53a-60d
Delaware	DUI	A third DUI (after two prior offenses) is a class G felony, with 1 to 2 years in prison. A fourth and a fifth are class E felonies, a sixth is a class D felony, and a seventh or later is a class C felony. A first and second DUI are not labeled felonies in the statute.Counts: A second offense counts if it is within 10 years of a prior offense. For a third or later offense, all prior offenses count with no time limit. Prior offenses include DUI convictions from other states, federal and military courts, and taking part in a DUI first-offender or other diversion program.	Causing a death by criminally negligent driving while under the influence is vehicular homicide in the first degree, a class C felony with a 2-year minimum. Causing a death by negligent driving while under the influence is vehicular homicide in the second degree, a class D felony with a 1-year minimum. Causing serious physical injury by negligent driving while under the influence is vehicular assault in the first degree, a class F felony. 21 Del. C. §§ 4177(d), 4177B(e); 11 Del. C. §§ 629, 630, 630A
District of Columbia	DUI	No repeat-offense felony. Even a person with two or more earlier offenses faces up to 1 year in jail and a fine of $2,500 to $10,000, with at least 15 days of jail.Counts: An earlier DUI, impaired driving or commercial vehicle DUI conviction counts unless the person's jail time, supervised release, parole or probation ended more than 15 years before the arrest on the new offense. Comparable convictions in other jurisdictions also count.	The DUI penalty sections themselves set no felony. Causing a death by driving a vehicle in a careless, reckless or negligent manner (negligent homicide) is a felony with up to 5 years in prison, whether or not alcohol is involved. Having a minor in the vehicle adds mandatory jail time and a fine, not a felony. D.C. Code §§ 50-2206.11, 50-2206.13, 50-2206.14, 50-2206.15, 50-2206.01(17), 50-2206.18, 50-2203.01
Florida	DUI	A third DUI conviction for an offense within 10 years of a prior conviction is a third-degree felony. A fourth or later conviction is a third-degree felony no matter how much time has passed. A third conviction more than 10 years after a prior one is punished by a fine of $2,000 to $5,000 and up to 12 months in jail.Counts: 10 years after a prior conviction for a third conviction to be a felony. For a fourth or later conviction, there is no time limit.	DUI causing serious bodily injury is a third-degree felony. DUI manslaughter is a second-degree felony with a 4-year mandatory minimum prison term. It is a first-degree felony if the driver knew or should have known of the crash and failed to give information and render aid, or if the driver has a prior conviction for DUI manslaughter or certain other homicide offenses, such as vehicular homicide. Fla. Stat. § 316.193(2)(b), (3)
Georgia	DUI	A fourth or later DUI conviction within 10 years is a felony, with 1 to 5 years in prison and a fine of $1,000 to $5,000. A first or second conviction is a misdemeanor and a third is a misdemeanor of a high and aggravated nature.Counts: 10 years. It is measured from the dates of the earlier arrests (that led to convictions or no-contest pleas) to the date of the current arrest.	Homicide by vehicle in the first degree is a felony punishable by 3 to 15 years in prison, and it applies to causing a death while violating the DUI law. Serious injury by vehicle is a felony punishable by 1 to 15 years, and it applies to causing an accident that results in bodily harm while violating the DUI law. O.C.G.A. §§ 40-6-391(c), 40-6-393(a), 40-6-394(b)
Hawaii	OVUII	Habitually operating a vehicle under the influence of an intoxicant is a class C felony. It applies to a person with two or more earlier OVUII convictions within 10 years (or an earlier habitual OVUII conviction within 10 years). It is a class B felony if the person was a highly intoxicated driver.Counts: 10 years. The earlier convictions must fall within 10 years of the new offense. Comparable convictions from other jurisdictions also count.	Negligent homicide in the first degree (causing a death with a vehicle while under the influence of drugs or alcohol) is a class B felony. It is a class A felony if the person has an earlier OVUII conviction within 15 years, was engaged in conduct that violates § 291E-62 at the time, or was a highly intoxicated driver. Haw. Rev. Stat. §§ 291E-61, 291E-61.5, 707-702.5
Idaho	DUI	A DUI is a felony when the person has two or more earlier DUI violations within 10 years. It is also a felony when the person completed a DUI diversion program and has one or more earlier DUI violations within 10 years. The penalty is up to 10 years in prison and a fine of up to $5,000.Counts: 10 years for the repeat-offense felony. Earlier violations count even if the court withheld judgment, and similar violations in other states count. A person with an earlier felony DUI, aggravated DUI or DUI vehicular manslaughter who is found guilty of another DUI within 15 years is also guilty of a felony.	Aggravated DUI, a DUI that causes great bodily harm, permanent disability or permanent disfigurement to another person, is a felony punishable by up to 15 years in prison and a fine of up to $5,000. A DUI that causes a death is vehicular manslaughter, punishable by up to 15 years. Since July 1, 2025, it carries a mandatory minimum of 5 years (up to 25) for a person with one earlier DUI or aggravated DUI, and 10 years (up to 25) for a person with two or more. Idaho Code §§ 18-4006(3)(b), 18-4007(3)(b), 18-8004, 18-8005(6), (9), 18-8006
Illinois	DUI	A third DUI is aggravated DUI and a Class 2 felony. A fourth is also a Class 2 felony (no probation), a fifth is a Class 1 felony (no probation), and a sixth or later is a Class X felony. A first or second DUI is a Class A misdemeanor.Counts: No time limit is set in the statute. An earlier DUI counts if it was a violation of this section or a similar local, out-of-state or military-installation offense.	Aggravated DUI (a Class 4 felony unless the law sets a higher class) also covers: causing great bodily harm or permanent disability or disfigurement in a crash (1 to 12 years in prison if imprisoned); causing a death (Class 2, 3 to 14 years for one death and 6 to 28 years for two or more, unless the court finds extraordinary circumstances and orders probation); a DUI after an earlier conviction for reckless homicide while impaired or for aggravated DUI causing great bodily harm or death (Class 3, no probation); a crash in a 20 mph school speed zone that injures someone; a crash that injures a child passenger under 16; driving a school bus with passengers; driving while the license is revoked or suspended for an earlier DUI or another offense listed in the statute, such as a chemical-test suspension or reckless homicide; driving with no license or permit; driving with no insurance; a second DUI with a passenger under 16 (Class 2); and driving a for-hire vehicle with passengers. 625 ILCS 5/11-501(c)(1), (d)(1), (d)(2), (e)
Indiana	OWI	A Level 6 felony if the person has an earlier OWI conviction within the previous 7 years. It is a Level 5 felony if the person has an earlier conviction for OWI causing death or catastrophic injury, or causing serious bodily injury.Counts: 7 years for an earlier OWI conviction to make a new OWI a Level 6 felony. There is no time limit stated for earlier convictions that caused death, catastrophic injury or serious bodily injury.	Causing serious bodily injury while operating intoxicated is a Level 5 felony, or a Level 4 felony with an earlier OWI conviction in the past 5 years. Causing a death or catastrophic injury is a Level 4 felony. Causing the death of a law enforcement animal is a Level 6 felony. Intoxicated driving by a person 21 or older with a passenger under 18 is a Level 6 felony when the blood alcohol level is at least 0.15, a Schedule I or II drug is in the blood, or the driving endangers a person. Ind. Code §§ 9-30-5-1 to 9-30-5-5
Iowa	OWI	A third offense and each later offense is a Class D felony. A first offense is a serious misdemeanor and a second is an aggravated misdemeanor.Counts: The statute sets no fixed window. Earlier convictions, deferred judgments and matching out-of-state convictions all count, but a conviction is deleted from the driving record 12 years after the conviction (or revocation) and then no longer counts as an earlier offense. Records kept longer for commercial driver's license holders are used only for federal commercial license rules.	Causing a death by driving while intoxicated is homicide by vehicle, a Class B felony. Causing a serious injury this way is a Class D felony. Driving while the license is suspended, revoked or barred because of an OWI is a serious misdemeanor. Iowa Code §§ 321J.2(2), (5), (8), 321.12(4), 707.6A(1), (4), 321J.21(1)
Kansas	DUI	A third DUI conviction is a severity level 6 nonperson felony if the person has a prior conviction within the preceding 10 years, not counting time incarcerated; otherwise a third conviction is a class A misdemeanor. A fourth or later conviction is a severity level 6 nonperson felony.Counts: DUI convictions and diversions count only if they occurred on or after July 1, 2001. Convictions for certain related crimes, such as involuntary manslaughter while driving under the influence, count at any time. For a third-conviction felony, a prior conviction must fall within the preceding 10 years, not counting time incarcerated.	Killing someone while driving under the influence is involuntary manslaughter, a severity level 4 person felony (level 3 if the person's license was suspended, revoked or restricted, or the person was a habitual violator). Causing great bodily harm or disfigurement while driving under the influence is aggravated battery, a severity level 5 person felony, or level 4 in some cases. Having a child under 18 in the vehicle adds one month of imprisonment but does not by itself make a DUI a felony. K.S.A. 8-1567(b)(1)(C)-(E), (c), (i); K.S.A. 21-5405(a)(3), (a)(5), (b); K.S.A. 21-5413(b)(3), (b)(4), (h)(2)
Kentucky	DUI	A fourth or later DUI offense within a 10-year period is a Class D felony (1 to 5 years). First, second and third offenses within 10 years are misdemeanors (a third carries 30 days to 12 months in jail).Counts: 10 years, measured from the dates the offenses occurred for which judgments of conviction were entered. Prior convictions from any state count.	Driving on a license suspended for DUI is a Class D felony on a third or later offense within 10 years, or on a second offense if the person was also under the influence. Aggravating circumstances, such as a crash causing death or serious physical injury, a blood alcohol level of 0.15 or more, or a passenger under 12, raise the mandatory minimum jail time but do not by themselves make a first, second or third DUI a felony. KRS 189A.010(5), (10), (11); KRS 189A.090(2)
Louisiana	OWI, DWI	A third offense is a felony: 1 to 5 years, with or without hard labor, and a $2,000 fine. A fourth or later offense is a felony: 10 to 30 years, with or without hard labor, and a $5,000 fine. A second offense is also a felony (2 to 5 years) when the first was vehicular homicide, third degree feticide or first degree vehicular negligent injuring. Otherwise first and second offenses are misdemeanors (up to 6 months).Counts: 10 years. An earlier offense committed more than 10 years before the new one does not count, but time spent awaiting trial, on probation or parole, or incarcerated is left out when counting the 10 years.	Vehicular homicide is punishable by 5 to 30 years with or without hard labor. First degree vehicular negligent injuring is punishable by up to 10 years with or without hard labor. La. R.S. 14:98(C), (D), 14:98.2(D), 14:98.3, 14:98.4, 14:32.1(B), 14:39.2(D)
Maine	OUI	Maine does not use the word felony. A person with two or more earlier OUI offenses within 10 years faces a Class C crime (up to 5 years in prison). A first or second OUI is a Class D crime.Counts: 10 years: a prior conviction counts if the date of the action or the date the sentence was imposed is 10 years or less from the date of the new conduct.	OUI that causes serious bodily injury is a Class C crime (up to 5 years). OUI that causes death, or by a person with an earlier Class B or Class C OUI conviction or an earlier vehicular criminal homicide conviction (counted at any time), is a Class B crime (up to 10 years). Each carries at least 6 months of incarceration, and the penalties cannot be suspended. 29-A M.R.S. §§ 2411(1-A), (5), 2402
Maryland	Driving while under the influence of alcohol, Driving while impaired by alcohol, Driving while impaired by drugs or a controlled dangerous substance	No repeat-offense felony. Even with prior convictions, the offense stays a misdemeanor: with two prior convictions it carries up to 5 years, and with three or more (or a prior conviction for manslaughter, homicide or life-threatening injury by vehicle) up to 10 years.Counts: No time limit for the 5-year and 10-year repeat tiers. Some second-offense rules use a 5-year window, including the mandatory minimum jail terms for a repeat conviction within 5 years of a prior one.	Homicide by motor vehicle while under the influence of alcohol is a felony (up to 5 years, or 10 with a prior conviction), and while impaired by alcohol, a felony (up to 3 years, or 5 with a prior). Manslaughter by vehicle for grossly negligent driving is a felony (up to 10 years). Life-threatening injury by vehicle while under the influence is a misdemeanor. Md. Code, Transp. § 21-902(a), (b), (f), (h), (i); Md. Code, Crim. Law §§ 2-209, 2-503, 2-504, 3-211
Massachusetts	Operating a motor vehicle while under the influence of intoxicating liquor	A third offense can be punished by 2.5 to 5 years in state prison (or by 180 days to 2.5 years), which makes it a felony. A first or second offense carries no state prison term, so it is a misdemeanor.Counts: No time limit. Any earlier OUI conviction, or assignment to an alcohol or drug program for a like offense, counts.	Homicide by a motor vehicle while under the influence is punishable by 2.5 to 15 years in state prison, and causing serious bodily injury while operating under the influence by 2.5 to 10 years in state prison. Mass. Gen. Laws ch. 90, §§ 24, 24G, 24L
Michigan	Operating while intoxicated, Operating while visibly impaired	A third conviction is a felony: a violation after 2 or more prior convictions is punishable by 1 to 5 years in prison, or by probation with 30 days to 1 year in jail, plus a fine of $500 to $5,000.Counts: No time limit for the felony: any two earlier convictions count, no matter how long ago. A second offense within 7 years of a prior conviction carries higher penalties (up to 1 year).	Operating while intoxicated and causing a death is a felony (up to 15 years, or up to 20 years in certain cases). Causing serious impairment of a body function is a felony (up to 5 years, or up to 10 years in certain cases). Operating while intoxicated with a passenger under 16 is a felony after a prior conviction within 7 years or after 2 or more prior convictions. MCL 257.625(1), (4), (5), (7), (9)
Minnesota	Driving while impaired	First-degree driving while impaired is a felony. It applies to a violation within ten years of the first of three or more qualified prior impaired driving incidents, or after a prior felony conviction for first-degree driving while impaired or for an impairment-related criminal vehicular homicide or injury.Counts: Ten years from the first of three or more qualified prior incidents. A prior felony DWI counts with no time limit. Qualified prior incidents include earlier impaired driving convictions and impaired driving-related license losses.	First-degree driving while impaired carries up to 7 years in prison and a fine of up to $14,000. Criminal vehicular homicide (up to 10 years) and criminal vehicular operation causing great bodily harm (up to 5 years) are also felonies. Minn. Stat. §§ 169A.03, subd. 22; 169A.20; 169A.24; 169A.25; 169A.26; 169A.27; 609.2112; 609.2113
Mississippi	DUI	A third DUI is a felony if the offenses were committed within 5 years: 1 to 5 years in the custody of the Department of Corrections and a fine of $2,000 to $5,000. A fourth or later DUI is a felony with no time limit: 2 to 10 years and a fine of $3,000 to $10,000. A second DUI within 5 years is a misdemeanor, and a first DUI carries a fine of $250 to $1,000, up to 48 hours in jail, or both.Counts: 5 years for counting a second or third offense. A fourth or later offense counts earlier convictions "without regard to the time period." Out-of-state and tribal convictions within 5 years before the offense count.	Negligently causing a death, or a mutilating or permanently disabling injury, while driving under the influence (aggravated DUI) is a felony for each victim, with 5 to 25 years. A commercial driver's license holder convicted of driving a commercial vehicle at 0.08% or more is guilty of a felony (2 to 10 years). DUI with a child under 16 in the vehicle (by a driver over 21) is a separate offense: a felony for a third or later conviction (1 to 5 years), or for any conviction that seriously injures or kills the child (5 to 25 years). Miss. Code Ann. § 63-11-30(2)(c), (2)(d), (5), (7), (12)
Missouri	DWI	A third DWI is a Class E felony (the person is a "persistent offender"). A fourth is a Class D felony, a fifth is a Class C felony, and a sixth or later is a Class B felony. Any later DWI by a person already found guilty of a DWI as a habitual offender, or of causing the death of another person under § 577.010.2(6)(b), is a Class A felony.Counts: A second DWI is a Class A misdemeanor if the earlier offense occurred within 5 years of the new one. For the felony levels, the definitions of persistent, aggravated, chronic and habitual offender set no time limit on earlier offenses. Earlier findings of guilt under state, county or municipal law, federal law or military law count, and must come before the date of the new offense.	Causing physical injury to another person while driving drunk, with criminal negligence, is a Class D felony, and serious physical injury is a Class C felony. For a death, the 2026 law lists the same conduct twice: causing "the death of another person" is a Class B felony in § 577.010.2(6)(b), and causing "the death of any person" is a Class A felony in § 577.010.2(7)(a). Mo. Rev. Stat. §§ 577.010(2), 577.001, 577.023
Montana	DUI	A DUI is a felony when the person has any combination of three or more earlier convictions for DUI (including aggravated DUI or a similar offense in another state), negligent vehicular assault, criminal child endangerment by driving under the influence with a child in the vehicle, or negligent homicide committed while driving under the influence. It is also a felony after any earlier conviction for vehicular homicide or aggravated vehicular homicide while under the influence. The sentence is 13 months to 2 years with the Department of Corrections in a facility or program, followed by a 5-year suspended prison term, and a fine of $5,000 to $10,000, or up to 5 years in a treatment court program with the same fine range. A first through third DUI carries no more than 1 year in jail under § 61-8-1007.Counts: An earlier conviction counts if less than 10 years passed between it and the new offense. If the new offense is the person's third or later, all earlier convictions count, with no time limit.	Vehicular homicide while under the influence carries up to 30 years in state prison, a fine of up to $50,000, or both. Aggravated vehicular homicide while under the influence carries 3 to 30 years in state prison, a fine of $10,000 to $50,000, or both. Negligent vehicular assault that causes serious bodily injury, and criminal child endangerment by driving under the influence with a child under 14 in the vehicle, each carry up to 10 years. An earlier conviction for either vehicular homicide offense makes any later DUI a felony. Mont. Code Ann. §§ 61-8-1002, 61-8-1007, 61-8-1008(1)(a), 61-8-1011(1)(b), 45-5-106, 45-5-107, 45-5-205, 45-5-628
Nebraska	DUI	A fourth DUI (three earlier convictions) is a Class IIIA felony with at least 180 days in jail or an adult correctional facility. A third DUI (two earlier convictions) is a Class W misdemeanor, unless the person's alcohol concentration was 0.15 or more or the person refused the test, which makes it a Class IIIA felony. With three earlier convictions plus 0.15 or more or a refusal, it is a Class IIA felony (at least 1 year in prison). Four or more earlier convictions is a Class IIA felony (at least 2 years), or a Class II felony (at least 2 years) with 0.15 or more or a refusal.Counts: 15 years. An earlier conviction counts if the violation was committed within the 15-year period before the new offense. City ordinance convictions and other states' convictions for the same conduct count.	Causing serious bodily injury while driving under the influence is a Class IIIA felony. Motor vehicle homicide caused by driving under the influence is a Class IIA felony, or a Class II felony if the person has an earlier DUI conviction. Driving while the license is revoked after certain DUI convictions (including any third or later DUI, a DUI injury or a DUI homicide) is a Class IV felony. Neb. Rev. Stat. §§ 60-6,196, 60-6,197.02, 60-6,197.03, 60-6,197.06, 60-6,198, 28-306(3)
Nevada	DUI	A third DUI within 7 years is a category B felony (1 to 6 years in prison and a fine of $2,000 to $5,000). A DUI after a prior felony DUI conviction is also a category B felony (2 to 15 years).Counts: 7 years before the new offense. Time spent in prison, in residential confinement, under a treatment provider's supervision, on parole or on probation is not counted toward the 7 years.	A DUI that causes death or substantial bodily harm to another person is a category B felony: 2 to 25 years if it causes a death (5 to 25 years with one or two prior offenses) and 2 to 20 years for substantial bodily harm. A DUI that causes a death by a driver previously convicted of at least three offenses is vehicular homicide, a category A felony (life with parole eligibility after 10 years, or a definite 25 years). A DUI after a prior felony DUI or DUI homicide conviction is also a category B felony. Nev. Rev. Stat. §§ 484C.110, 484C.130, 484C.400, 484C.410, 484C.430, 484C.440
New Hampshire	DWI	A fourth or later DWI offense is a felony when the prior convictions counted fall within the 10 years before the new offense; the statute does not give the felony a class. First, second and third offenses are misdemeanors (a first offense is a class B misdemeanor; a second or third is a class A misdemeanor).Counts: 10 years before the date of the second or later offense.	Causing a death while under the influence is negligent homicide, a class A felony. Aggravated DWI that causes a crash with serious bodily injury to the driver or anyone else is a class B felony. Other aggravated DWI, such as speeding 30 mph over the limit, having a passenger under 16 or an alcohol concentration of 0.16 or more, is a class A misdemeanor. N.H. Rev. Stat. Ann. §§ 265-A:2, 265-A:3, 265-A:18, 630:3, II
New Jersey	DWI	No repeat-offense felony. Even a third or later DWI stays a motor vehicle offense, with a $1,000 fine, at least 180 days in county jail (the court can cut up to 90 days for time in an approved inpatient treatment program) and loss of the license for 8 years.Counts: 10 years: if a second offense happens more than 10 years after the first, the court treats it as a first offense for sentencing, and the same rule applies to a third offense after the second.	Causing a death by reckless driving is reckless vehicular homicide, a second-degree crime, and proof of DWI lets the court infer recklessness. It is a first-degree crime if the drunk driving happened on or near school property or in a school crossing. Assault by auto while DWI is a third-degree crime if it causes serious bodily injury and fourth degree for bodily injury. Driving during a license suspension for a second or later DWI is a fourth-degree crime with at least 180 days without parole. N.J. Stat. Ann. §§ 39:4-50, 2C:11-5, 2C:12-1(c), 2C:40-26
New Mexico	DWI, DUI	A fourth DWI conviction is a fourth-degree felony (18 months). A fifth is also a fourth-degree felony (2 years), a sixth or seventh is a third-degree felony (30 months or 3 years) and an eighth or later is a second-degree felony (12 years).Counts: No time limit; the statute counts the number of convictions and states no lookback period.	Homicide by vehicle while under the influence is a second-degree felony. Great bodily harm by vehicle while under the influence is a third-degree felony. Each prior DWI conviction within ten years adds four years to the basic sentence for those two offenses. N.M. Stat. Ann. §§ 66-8-101, 66-8-102
New York	DWI, DWAI, Aggravated DWI	A DWI-type conviction within 10 years of an earlier one is a class E felony. With two earlier convictions within 10 years it is a class D felony. Three or more earlier convictions within 15 years is also a class D felony.Counts: 10 years for a class E felony or for two earlier convictions; 15 years for three or more. Earlier convictions under the DWI, aggravated DWI and drug-DWAI subsections count, and so do certain vehicular assault and vehicular manslaughter convictions.	Driving while intoxicated or drug-impaired with a child 15 or younger in the vehicle (aggravated DWI under Vehicle and Traffic Law § 1192(2-a)(b)) is a class E felony even with no earlier conviction. Vehicular manslaughter in the second degree, a separate Penal Law crime, is a class D felony. N.Y. Veh. & Traf. Law §§ 1192, 1193(1)(c); N.Y. Penal Law § 125.12
North Carolina	DWI	Habitual impaired driving is a Class F felony. It applies to a person who drives while impaired and has three or more earlier impaired driving convictions within 10 years. The sentence includes at least 12 months of active imprisonment, which cannot be suspended.Counts: 10 years. The earlier convictions must fall within 10 years of the date of the new offense.	Felony death by vehicle while impaired is a Class D felony, and a repeat felony death by vehicle is a Class B2 felony. Felony serious injury by vehicle while impaired is a Class F felony, or a Class E felony if the person has a prior impaired driving conviction within seven years. N.C. Gen. Stat. §§ 20-138.1(d), 20-138.5, 20-141.4(b)
North Dakota	DUI	A fourth or later DUI within 15 years is a Class C felony, with at least 1 year and 1 day in prison and a fine of at least $2,000. A first or second offense in a 7-year period is a Class B misdemeanor, and a third offense in a 7-year period is a Class A misdemeanor.Counts: 7 years for counting a second or third offense. 15 years for a fourth or later offense. Convictions under a city ordinance or another state's equivalent law count if committed within the time limits.	Causing a death while violating the DUI law is criminal vehicular homicide, a Class A felony with at least 3 years in prison (at least 10 years with an earlier DUI or reckless driving conviction). Causing substantial bodily or serious bodily injury is criminal vehicular injury, a Class B felony with at least 1 year and 1 day (at least 2 years with an earlier DUI or reckless driving conviction). DUI with a minor in the vehicle, by a driver 21 or older, is a Class A misdemeanor, or a Class C felony if the person has an earlier conviction for that same offense. N.D. Cent. Code §§ 39-08-01(3), (5), 39-08-01.2, 39-08-01.4
Ohio	OVI	A fourth-degree felony if the person has three or four earlier OVI convictions within 10 years, five or more within 20 years, or an earlier conviction on a repeat-OVI specification (R.C. 2941.1413). A third-degree felony if the person has an earlier OVI conviction that was a felony.Counts: 10 years for three or four earlier convictions; 20 years for five or more; no time limit for an earlier felony OVI.	Aggravated vehicular homicide, causing a death as the proximate result of an OVI, is a second-degree felony with a mandatory prison term. It is a first-degree felony in listed cases, such as driving under suspension, driving without a valid license, or an OVI or traffic-related homicide, manslaughter or assault conviction in the previous 20 years (R.C. 2903.06). Aggravated vehicular assault, causing serious physical harm as the proximate result of an OVI, is a third-degree felony, or a second-degree felony in listed cases, such as driving under suspension or certain earlier convictions (R.C. 2903.08). Ohio Rev. Code § 4511.19(G)(1)(d), (G)(1)(e)
Oklahoma	DUI	A second DUI within 10 years is a Class C2 felony. After a felony DUI, the next one is a Class B4 felony (1 to 10 years). After two felony DUIs, the next is a Class B3 felony (1 to 20 years). A first DUI is a misdemeanor (10 days to 1 year in jail) unless it is aggravated DUI. Starting Nov. 1, 2026, two or more DUIs within one year may also be combined and charged as one Class C2 felony.Counts: 10 years, counted from the date the earlier sentence or deferred judgment was completed.	Aggravated DUI is a felony. Until Nov. 1, 2026, the statute books hold more than one version of the DUI law: the version in effect since Jan. 1, 2026 makes a DUI with an alcohol level of 0.15 or more aggravated DUI, a Class B3 felony, while a version in effect since Nov. 1, 2025 also counts a reportable crash, eluding police, speeding 20 mph or more over the limit (10 in an active school zone), a passenger under 18, reckless driving and certain lane violations. On Nov. 1, 2026, SB 1543 replaces them with one version in which any of those factors, including 0.15 or more, makes a DUI aggravated DUI, a Class B3 felony. A DUI after an earlier conviction for second-degree murder or first-degree manslaughter involving a DUI death is a Class A2 felony (5 to 20 years). 47 O.S. § 11-902; SB 1543 (2026)
Oregon	DUII	DUII is a Class A misdemeanor, but it is a Class C felony if the person has two or more earlier DUII convictions (including similar convictions in another state) in the 10 years before the current offense. Felony DUII carries a mandatory minimum of 90 days of incarceration.Counts: 10 years before the date of the current offense. After a person has been sentenced for felony DUII, there is no time limit: any later DUII is a felony.	Criminal driving while suspended or revoked is a Class B felony if the license was revoked after a felony DUII conviction, and also if it came from murder, manslaughter, criminally negligent homicide or assault involving a motor vehicle. The same crime is a Class A misdemeanor if the suspension came from a misdemeanor DUII. ORS 813.010, 813.011, 811.182
Pennsylvania	DUI	A DUI is a third-degree felony if the person has three or more prior DUI offenses, or an earlier conviction for homicide by vehicle while DUI. For a breath or blood test refusal, the highest alcohol tier (0.16% or more) or a drug DUI, two prior offenses make it a third-degree felony and three or more make it a second-degree felony. Driving under the influence within 10 years after finishing ARD (a diversion program) for an earlier DUI is a separate offense, and it can make a later DUI a felony with fewer priors. Otherwise a DUI is a misdemeanor.Counts: A prior offense counts if it happened within 10 years before the date of the current offense.	Homicide by vehicle while DUI is a second-degree felony, or a first-degree felony if the person already has a DUI conviction or certain other earlier cases. Aggravated assault by vehicle while DUI (causing serious bodily injury) is a second-degree felony. DUI with a minor under 18 in the vehicle is a third-degree felony with two or more prior offenses. 75 Pa.C.S. §§ 3802, 3803, 3806, 3735, 3735.1
Rhode Island	DUI	A third or later DUI within 10 years is a felony. With an alcohol level of 0.08% to under 0.15% (or an unknown level, or a controlled substance in the blood), the sentence is 1 to 3 years in jail. With an alcohol level of 0.15% or more, or when under the influence of drugs, it is 3 to 5 years. A first or second DUI is generally a misdemeanor.Counts: 10 years for the third-or-later felony.	DUI resulting in death is punished by 5 to 15 years for a first violation. DUI resulting in serious bodily injury is punished by 1 to 10 years. DUI while the license is suspended or revoked for DUI is a felony with up to 3 years. A second or later DUI with a child under 13 as a passenger is a felony with up to 5 years. R.I. Gen. Laws §§ 31-27-2, 31-27-2.2, 31-27-2.6
South Carolina	DUI	A fourth or later DUI within 10 years is classified as a Class F felony, with 1 to 5 years in prison (up to 6 or 7 years at higher alcohol levels). A third DUI is classified as a Class A misdemeanor, even though it carries 60 days to 3 years (up to 4 or 5 years at higher alcohol levels). The DUI statute itself does not use the word felony; the label comes from the state's crime classification list.Counts: 10 years. Only violations within the 10 years before the latest violation count as earlier offenses. Earlier DUI or unlawful alcohol concentration offenses, including under another state's law, count.	Felony DUI applies when a driver under the influence causes great bodily injury (30 days to 15 years) or death (1 to 25 years) to another person. S.C. Code §§ 56-5-2930, 56-5-2945, 16-1-90(F), 16-1-100(A)
South Dakota	DUI	A third offense is a Class 6 felony, a fourth is a Class 5 felony, and a fifth or later is a Class 4 felony. A first or second offense is a Class 1 misdemeanor.Counts: 10 years. An earlier conviction more than 10 years before the new violation does not count, and time spent incarcerated is not included in the 10 years. A longer window applies to the aggravated sixth-or-later offense.	Vehicular homicide while under the influence is a Class 3 felony. Vehicular battery causing serious bodily injury while under the influence is a Class 4 felony. S.D. Codified Laws §§ 32-23-1 to 32-23-4.9, 22-16-41, 22-18-36
Tennessee	DUI	A fourth DUI conviction is a felony, sentenced in the Class E felony range with at least 150 days to serve. A fifth is sentenced as a Class D felony and a sixth or later as a Class C felony.Counts: 10 years between violations. A prior counts if it is within 10 years of the next one in the chain, but a violation more than 20 years before the current one never counts. Prior convictions for vehicular assault or vehicular homicide, including the aggravated forms, count no matter how old they are.	DUI with a child under 18 in the car who is seriously hurt is a Class D felony, and if the child is killed it is a Class B felony. Vehicular assault by an intoxicated driver is a Class D felony. Tenn. Code Ann. §§ 55-10-401, 55-10-402, 55-10-405, 39-13-106
Texas	DWI	A third DWI conviction is a third-degree felony. So is a DWI after one earlier intoxication manslaughter conviction.Counts: No time limit. Any two earlier DWI-type convictions count, whenever they happened.	Intoxication assault is a third-degree felony and intoxication manslaughter is a second-degree felony. DWI with a passenger younger than 15 is a state jail felony. For offenses on or after Sept. 1, 2025, DWI in a school crossing zone while the reduced speed limit applies is also a state jail felony. Tex. Penal Code §§ 49.04, 49.045, 49.07, 49.08, 49.09
Utah	DUI	A DUI is a third degree felony when the person has two or more earlier DUI convictions within 10 years, which makes the third conviction in that window a felony.Counts: 10 years. Each earlier conviction must fall within 10 years of the new conviction or of the date of the new offense.	A DUI is also a third degree felony, no matter how much time has passed, if the person has an earlier felony conviction for a DUI-related offense, such as a felony DUI or automobile homicide. An unrelated felony does not count. Causing a death through negligent driving while impaired is automobile homicide, a second degree felony. Negligently injuring someone while impaired is a Class A misdemeanor, or a third degree felony if the injury is serious. A passenger under 16 raises a DUI to a Class A misdemeanor, not a felony. Utah Code §§ 41-6a-501(2), 41-6a-502(2), 76-5-102.1, 76-5-207
Vermont	DUI	A third offense carries up to 5 years in prison, which makes it a felony. A fourth or later offense carries up to 10 years. A first or second offense carries up to 2 years, so it is a misdemeanor.Counts: 20 years. A second offense counts an earlier conviction within the last 20 years. A third offense requires two earlier convictions, at least one within the last 20 years.	If someone dies because of a DUI, the sentence is 1 to 15 years. If serious bodily injury results to a person other than the driver, the sentence is up to 15 years. Both penalties are above the two year line, so both are felonies. 23 V.S.A. §§ 1201, 1210; 13 V.S.A. § 1
Virginia	DWI, DUI	A third offense within 10 years is a Class 6 felony.Counts: 10 years. All three offenses must fall within a 10-year period. A third offense inside 5 years carries a 6 month mandatory minimum instead of 90 days.	Any DUI is a Class 6 felony, with at least 1 year in prison, if the person has an earlier conviction for a felony DUI or for causing a death or serious injury while driving or boating intoxicated. Causing a death while driving under the influence is involuntary manslaughter; if the driving shows reckless disregard for human life, it is aggravated involuntary manslaughter, a felony punishable by 1 to 20 years. Causing serious bodily injury while driving intoxicated with reckless disregard for human life is a Class 6 felony, or a Class 4 felony if the injury leaves permanent and significant physical impairment. Va. Code §§ 18.2-266, 18.2-270(C), 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5
Washington	DUI	A DUI is a Class B felony when the person has three or more prior offenses within 15 years. Otherwise a DUI is a gross misdemeanor.Counts: 15 years, counted by arrest dates: a prior offense counts if its arrest came within 15 years of the arrest for the new offense. The window was 10 years until January 1, 2026. Prior offenses are defined in RCW 46.61.5055.	A DUI is also a Class B felony, no matter how long ago the earlier case was, if the person was ever convicted of vehicular homicide or vehicular assault while under the influence, an out-of-state equivalent, or an earlier felony DUI or felony physical control (being in control of a vehicle while impaired). Causing a death while driving under the influence is vehicular homicide, a Class A felony. Causing substantial bodily harm while under the influence is vehicular assault, a Class B felony. RCW 46.61.502(5)-(6), 46.61.5055(14), 46.61.520, 46.61.522
West Virginia	DUI	A third or later DUI within 10 years is a felony, punishable by 2 to 5 years in prison. A first DUI is a misdemeanor, and a second DUI within 10 years is a misdemeanor with 6 months to 1 year in jail.Counts: An earlier conviction counts if the offense happened within 10 years before the arrest in the current case. Convictions under a city ordinance, federal law or another state's law with the same elements also count, and so does an earlier first-offense conditional probation.	DUI causing death is a felony: 3 to 15 years in prison, or 5 to 30 years if the driver also showed deliberate disregard for others' safety (the longer range is from "Baylea's Law," in effect since June 12, 2026). DUI causing serious bodily injury is a felony (2 to 10 years). DUI causing other bodily injury and DUI with a passenger under 16 are misdemeanors. W. Va. Code § 17C-5-2(b), (c), (d), (k), (l), (m), (n)
Wisconsin	OWI	A fourth OWI is a Class H felony. A fifth or sixth is a Class G felony, a seventh to ninth is a Class F felony, and a tenth or later is a Class E felony. A first OWI is punished by a forfeiture (a fine of $150 to $300), which is not a crime in Wisconsin, unless a child under 16 was in the vehicle. A second and a third OWI carry jail time but are not felonies.Counts: Wisconsin counts the total number of earlier OWI-type convictions, suspensions and revocations. For a third or later offense there is no time limit. A second offense is counted as a second only if the earlier one falls within 10 years, or is an earlier homicide or injury by intoxicated use conviction. Violations in other states count.	Homicide by intoxicated use of a vehicle is a Class D felony, or a Class C felony with a prior conviction, suspension or revocation. Injury by intoxicated use of a vehicle (great bodily harm) is a Class F felony. A third or later OWI with a passenger under 16 is a felony, and the penalties are doubled; a first OWI with such a passenger carries 5 days to 6 months in jail. Wis. Stat. §§ 343.307(1), 346.63(1), 346.65(2)(am), 346.65(2)(f), 939.12, 940.09, 940.25
Wyoming	DUI	A fourth or later DUI conviction within 10 years is a felony, punishable by up to 7 years in prison and a fine of up to $10,000. A first, second or third DUI is a misdemeanor with up to 6 months in jail.Counts: 10 years. A second, third or fourth DUI counts as such only if it results in a conviction within 10 years after an earlier DUI conviction, including a conviction under another jurisdiction's DUI law.	Causing serious bodily injury in a DUI is punishable by up to 10 years in prison, or up to 20 years after an earlier conviction under that subsection. Aggravated homicide by vehicle while violating the DUI law carries up to 20 years in prison. A DUI with a child passenger under 16 becomes a felony on a second conviction under the child-passenger subsection (up to 5 years); a first such conviction carries up to 1 year. Wyo. Stat. §§ 31-5-233(e), (h), (m); 6-2-106(b)

Is a DUI a felony?

In many states a repeat DUI becomes a felony, but the number of earlier convictions it takes, and how far back they count, vary by state.^1,2,3,4

A third DWI in Texas is a third-degree felony. In Utah, a DUI is a third-degree felony when the driver has two or more earlier convictions, each within 10 years. In New York, a second DWI within 10 years is a class E felony. Pennsylvania generally grades a DUI as a third-degree felony when the driver has three or more prior offenses, and a DUI with a test refusal or a child under 18 in the vehicle can be a felony after two prior offenses.

In some states, causing serious injury or death while impaired, or driving impaired with a child in the car, can be a felony even with no earlier DUI.^1,2

In Texas, intoxication assault (serious bodily injury) is a third-degree felony, intoxication manslaughter is a second-degree felony, and DWI with a passenger younger than 15 is a state jail felony. Other states handle a child passenger differently: in Utah, a passenger younger than 16 raises a DUI from a class B to a class A misdemeanor.

California

California has a new law, signed Sept. 25, 2026, that takes effect Jan. 1, 2027. Under it, a third DUI within 10 years can be punished as either a felony or a misdemeanor, and a DUI within 10 years of four or more earlier violations that led to convictions is a felony. Until then, a repeat DUI generally first becomes a possible felony at the fourth within 10 years.^5,6,7,8,9

This is AB 1546, Chapter 444 of the 2026 statutes, which amends Vehicle Code §§ 23546 and 23550. Today a DUI within 10 years of two earlier violations carries 120 days to one year in county jail and a fine. Earlier violations that count include DUI, DUI causing injury and alcohol-related reckless driving. The bill is not an urgency measure and sets no other start date, so under the state constitution it takes effect on the January 1 after a 90-day period from enactment. A companion law, SB 907 (Chapter 443), requires courts to warn people charged with DUI who plead to a different or lesser offense that future impaired driving that kills someone could be charged as murder.

Texas

Texas added a felony in 2025. A DWI committed in a school crossing zone while the reduced speed limit applies is a state jail felony, under a law that took effect Sept. 1, 2025.¹

The school crossing zone provision is Texas Penal Code § 49.04(e), added by S.B. 826. A first DWI elsewhere is still generally a Class B misdemeanor. Texas already made DWI with a passenger younger than 15 a state jail felony.

Sources

Each source was opened and checked on October 29, 2026.

Texas Penal Code, Chapter 49: Intoxication and Alcoholic Beverage OffensesTexas Legislature Online
Utah Code 41-6a-502: Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentrationUtah State Legislature
Penalties for Alcohol or Drug-Related ViolationsNew York State Department of Motor Vehicles
75 Pa.C.S. 3803: GradingPennsylvania General Assembly
AB-1546 Vehicles: driving under the influence (Chapter 444, Statutes of 2026)California Legislative Information
SB-907 Driving under the influence and other driving offenses: comprehensive reform (Chapter 443, Statutes of 2026)California Legislative Information
California Vehicle Code § 23546California Legislative Information
California Vehicle Code § 23550California Legislative Information
California Constitution, Article IV (Legislative), Section 8California Legislative Information

Is a DUI a felony?

When a DUI is a felony in each state

Is a DUI a felony?

California

Texas

Sources

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