Is DUI a Felony

Generally referred to as drunk driving, driving under influence (DUI) or driving while intoxicated (DWI) is defined as the act of operating a vehicle after consuming alcohol or any other intoxicating substance. A look at drunk driving statistics reveals how gruesome this crime has become, with the number of fatalities attributed to it crossing the 10,000 mark consecutively, for the last three years.

Difference Between Felony and Misdemeanor
Though, the terms like felony and misdemeanor are being phased out in several countries, they are still in practice in the United States. According to the federal law, the term 'felony' is used to refer to any criminal offense which is punishable by death or imprisonment for more than a year, whereas the term 'misdemeanor' refers to any criminal offense which is punishable by imprisonment for a year or less.

DUI - Felony or Misdemeanor?
The penalties for drunk driving tend to differ from one area of jurisdiction to another. In some areas, it may be considered to be a serious crime, while in other areas, it may be considered to be a serious crime only, in case of a death. Though, DUI is considered to be a misdemeanor in most of the cases, there are some cases wherein it is regarded as a felony, and hence, may result in a severe punishment. Classification of DUI as a felony or misdemeanor depends on a range of associated factors. More importantly, when a person is convicted for DUI as a misdemeanor, he has to spend his term of imprisonment in the county jail, but if he is convicted for DUI as a felony, he has to spend his entire term of imprisonment in the state prison.

When is DUI Considered a Felony?
DUI is considered to be a felony when it results in the deaths or causes severe injuries to any individual. At times, especially, in case of an accident causing a death or deaths, DUI can be also treated on the lines of reckless homicide, thus calling for a more severe punishment including death. For instance, a drunk driver mowing down a pedestrian can amount to a serious crime, which can give the law enforcing authority the right to charge the accused for felony.

Is Second DUI a Felony?
As the law of states differs from one area of jurisdiction to another, one can come across significant variations when trying to conclude what makes DUI a felony. In some states, the seriousness of the issue is taken into consideration, to determine whether DUI is felony or misdemeanor, while in some cases the number of convictions are taken into consideration to determine the same. For instance, in New York and Wyoming, second conviction for DUI in a stipulated time period is considered to be a felony. On the other hand, states like Texas and Georgia consider fourth conviction as a felony.

The lack of interest of big companies when it comes to hiring felons has become quite obvious. Jobs for felons are restricted to some odd ones today, which neither provide job security nor a good pay. In such circumstances being well versed with the fact as to what is DUI, a felony or misdemeanor, can be of great help in avoiding a certain disaster not just on the road, but also in your career.