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Is Driving While Impaired a Felony?

Kaylind Landes
3 minute read

Depending on the state you live in, driving while impaired can be considered a felony. Aside from your location, whether you are charged with a misdemeanor or felony also depends on the details of your case and criminal history.

It’s important to know that the legal terminology surrounding intoxicated driving can differ from state to state. Most states have both DUI and Driving While Impaired (DWI) but they vary on which charge is a higher level of intoxication and therefore a higher level of punishment. Some states use the term Driving while Under the Influence (DUI) to represent the lower level of intoxication, while others use DUI as the higher level of intoxication. In other words, the state will increase the degree of a charge based on your intoxication level.

States differ on which charge equates to a higher level of intoxication. In some states, such as Oklahoma, a DWI is charged when an individual has a BAC of .05-.07, while a DUI is charged when the individual has a .08 or greater. Other states have it flipped, with a DUI as the lesser and DWI as the greater charge. Regardless of the terminology and state, the greater charge can always become a felony, while the lesser will always remain a misdemeanor (if your state has any criminal penalties for it at all).

When a DUI becomes a felony, by state

Time Frame

As you can see in the chart above, each state has a different law regarding impaired driving. However, each state that allows for the enhancement of a DUI/DWI places a time frame on it. For example, if you get a DUI at 16 years old and then a second DUI at 56 years old, the original charge can’t be used to enhance the new DUI to a felony because too much time has passed. In essence, your DUI will expire for purposes of enhancement. *Please note this does not mean that your DUI has been expunged or is no longer considered for plea negotiations.*

Blood Alcohol Content

Each state has different laws regarding what level of BAC constitutes criminal charges. Additionally, some states distinguish whether you are charged with a misdemeanor or a felony based on your BAC. For example, in Idaho, a second offense with a BAC above a .20 is a felony, but if your BAC is below a .20 it will remain a misdemeanor.

Criminal Charges

Not every state seeks criminal charges for a DUI/DWI. For example, New Jersey treats impaired driving as an ordinary traffic violation. While the fines increase each time you receive a ticket for impaired driving, it does not carry jail time.

The Bottom Line

Depending on what state you live in, a DUI/ DWI can become a felony. Each state has a very different statute regarding impaired driving, and punishments vary greatly. If you have been charged with a DUI or DWI in Oklahoma and you are looking for legal representation, give us a call for a free consultation.

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