A DUI — driving under the influence — happens when someone operates a vehicle while impaired by alcohol, drugs, or medication. Whether the charge is a misdemeanor or a felony depends on the driver’s record and the circumstances of the offense.
Misdemeanor vs. Felony DUI
Most DUI charges are misdemeanors. A misdemeanor DUI usually carries up to one year of incarceration, lower fines, and often probation or a license suspension instead of jail time. When jail is imposed, it is typically served in a local jail rather than a state prison.
A felony DUI is far more serious. It can carry a prison sentence ranging from one year to many, and fines that often exceed $1,000 — sometimes several thousand, or even tens of thousands, of dollars.
Factors That Elevate a DUI to a Felony
The conditions that turn a misdemeanor into a felony vary by state, but the common ones are:
- Prior DUI convictions. The more DUIs on your record, the more likely the charge becomes a felony.
- Bodily harm or death. Causing serious injury or a fatality nearly always elevates the charge.
- High blood alcohol concentration. A high enough BAC can make even a first-time DUI a felony in some states.
- Child endangerment. Many states automatically elevate the charge when a minor is in the vehicle.
- Serious property damage. Significant damage, or leaving the scene, can also raise the offense.
Louisiana and Texas
In Louisiana, La. R.S. 14:98 governs operating a vehicle while intoxicated (OWI). A BAC of 0.08% or higher is per se intoxication. A first or second offense is a misdemeanor; a third, fourth, or later offense within ten years is a felony. A BAC over 0.15% or 0.20%, or a child 12 or younger in the vehicle, triggers additional penalties.
In Texas, a driver is intoxicated once alcohol or drugs affect their driving, with a 0.08% per se limit. A DWI becomes a felony on a third or later offense, with DWI assault, when a child is in the vehicle, or when the crash causes serious bodily injury. Texas felony DWIs can carry 2 to 10 years in prison and fines up to $10,000.
Long-Term Consequences
A felony conviction reaches beyond fines and jail. It can cost you the right to vote, serve on a jury, or carry a firearm, and it leaves a permanent record that affects employment and licensing. Louisiana allows expungement of a DUI after ten years; Texas does not permit it at all.
If you were hurt by an impaired driver, a Louisiana injury lawyer can pursue the civil claim that recovers your losses, separate from any criminal case against the driver.