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Is a DUI a Felony?

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Updated May 22, 2014

Police officer handcuffing suspect at roadside
Zigy Kaluzny/The Image Bank/Getty Images
Question: Is a DUI a Felony?
Answer: Under most circumstances a conviction for driving under the influence is a misdemeanor, but there are circumstances upon which a DUI can be a felony. In many states, a drunk driving charge is considered a traffic offense or a misdemeanor, but those charges can be enhanced depending upon other factors.

For example, if the driver has previous DUI convictions, in some states, additional drunk driving charges can be brought as felony charges. Also, if someone is killed or injured by the drunken driver, felony charges can be filed in most states.

Drunk driving laws vary from state to state, but most all states now have passed laws that enhance DUI sentences under some circumstances. To find out if your DUI charges might be enhanced, take the Drunk Driving Enhancement Quiz.

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