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Home > Blog > OUI/DUI/DWI > Is a DUI a Felony?
Oct 24, 2016

Is a DUI a Felony?

We have different levels of OUI or DUI offenses. A first offense – we’re assuming that no one’s been injured or killed – just a straight, vanilla, first offense OUI – that’s a misdemeanor. If you now get a second offense in ten years, it’s a misdemeanor. If it’s a third offense in ten years, it is now a felony.

A felony is the worst possible outcome. A felony prohibits you from lots of things in this life. If you’re a felon, you’re not gonna get a job, so a third offense is extremely serious. Any OUI conviction is serious, but when you start getting to the felony level, on a third offense it’s punishable by up to five years in prison with a mandatory minimum thirty days in jail. If it’s your fourth offense in ten years, it is now a Class B felony, for which you can be adjudged no less than six months in prison, up to ten years. So these get markedly more and more severe rapidly, so you never wanna start with that first offense conviction. If you can prevent that triggering or that triggering mechanism from ever occurring, that first offense, that has to be the goal, because god forbid it’s a second offense or a third offense. Things get markedly worse as you begin to go up the ladder.

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