Is a first DUI a felony or misdemeanor in the US?
A first-offense DUI is a misdemeanor in nearly every state, punishable by fines (often $390-$2,000), up to 6 months in jail (frequently converted to probation), and license suspension of 90 days to a year. It becomes a felony if there was serious injury, a death, a very high BAC in some states, or a child in the vehicle.
How many DUIs make it a felony?
In most states a third or fourth DUI within the look-back period is a felony carrying state prison time. Some states elevate on the third offense, others on the fourth. Any DUI causing injury or death is typically a felony regardless of prior record.
What is a DUI look-back period?
The look-back (or 'washout') period is the number of years a state counts prior DUIs to enhance penalties. California uses 10 years, Arizona 7 years, and Texas counts priors for life. A prior outside the window may not trigger enhanced mandatory penalties but can still affect sentencing.
What is an ignition interlock device?
An ignition interlock (IID) is a breathalyzer wired to your vehicle's ignition that prevents it from starting if it detects alcohol. Most states now require an IID after a DUI conviction, sometimes even on a first offense, as a condition of restoring driving privileges.
Does a high BAC increase DUI penalties?
Yes. Most states impose enhanced penalties for an 'aggravated' or 'extreme' BAC, commonly 0.15 or higher. Enhancements include higher fines, longer mandatory jail minimums, longer IID requirements, and extended license suspension.