People believe their first DUI is going to be a mere traffic violation.
It won’t be.
804,926 Americans were arrested for suspected DUI in 2024, according to federal estimates. A very small portion of those people face felony charges for their actions. The difference between misdemeanor DUI and a felony DUI is drastic… and crossing that line is easier than you think.
Facing charges? Contacting a DUI defense attorney in Denver should be one of the first calls made. An experienced drunk driving lawyer can determine where a charge sits on the spectrum — and aggressively defend the case to keep penalties low.
Here’s what you need to know.
Let’s take a look at the DUI to felony thresholds, plus exactly how harsh penalties can hit a wallet (and a record).
Table of Contents
In this article:
- What Makes a DUI a Felony?
- DUI Related Thresholds
- High BAC Thresholds Defined
- Prior Convictions Explained
- Injury, Death, or Driving With a Child
- The Cost of a Felony DUI Conviction
What Makes a DUI Charge Turn into a Felony?
Typically, a first time DUI offense is going to be charged as a misdemeanor.
However, cross certain thresholds in the eyes of the law — and the charge becomes a felony. Once it’s a felony, the situation is an entirely different beast. Penalties for felony DUI charges often include:
- Prison sentence instead of county jail
- Permanent criminal record
- Loss of civil rights in some states
- Large fines and penalties
Per the NHTSA, a first DUI can already cost $10k or more in fines and fees. Felony charges ratchet those numbers way up. They also follow a driver for the rest of their life.
DUI Related Felony Thresholds
If wondering how many DUIs before felony, it’s not always that simple.
There are several factors that can bump a DUI charge to felony status. Not all states use the same trigger points — but these are the DUI-related circumstances that most often lead to increased penalties. Knowing them is important.
Previous DUI Convictions
Prior convictions are the number one reason a DUI goes from misdemeanor to felony.
Most states will elevate the charge to felony status on the third or fourth DUI offense. Some states go to felony on the third, some treat the fourth as a Class 4 felony like Colorado. There are also differences in lookback period in each state. Meaning some states will look back 5 years at DUI convictions, while others will look back 10 years or the entire driving history of a person.
That DUI left in the past can come back to haunt a driver.
High Blood Alcohol Content (BAC)
Every state has a legal BAC limit of 0.08%.
However, some states use that as a benchmark for elevated penalties in the form of an “aggravated DUI”. If blood alcohol content registers significantly higher than the baseline — a felony charge may follow. In many places, a BAC of 0.15% or higher can enhance a penalty. There are some states that consider a BAC of 0.16% or higher a felony DUI charge for a first offense.
Keep this in mind.
When BAC registers at 0.15%, a driver is roughly 12 times more likely to get into a crash than a sober driver. Prosecutors don’t take kindly to that. Judges don’t look lightly at that reading either. In this situation, a drunk driving lawyer fighting just as hard as the prosecution is essential.
Injury or Death Resulting From DUI
When injury or death are involved in a DUI accident, charges take a sharp turn towards felony.
Injury to another person? The charge will likely be elevated to felony status. Death of another person? The charge could be filed as vehicular homicide or DUI manslaughter, both of which are serious felonies.
Related: 12,429 people died in alcohol-impaired driving crashes in 2023, and that number accounts for 32% of all traffic fatalities in the United States. Prosecutors’ offices have budgets allocated specifically for these types of cases. They’re going to fight harder than most expect. An attorney who can go toe-to-toe with them is critical.
Driving With A Minor in the Vehicle
There’s another situation that can escalate a DUI charge to a felony.
Being caught driving under the influence with a minor in the vehicle — whether that’s a child, a babysitting situation, or another relative — is treated very seriously. Many states have strict laws that penalize drivers with felony charges for DUI with a minor in the vehicle. Some will even add a child endangerment charge on top of the DUI charge.
Felony DUI + Child Endangerment = Mother of all penalties.
The True Cost of a Felony DUI
There are severe penalties that come with a felony DUI.
Here’s what to expect with a felony DUI charge and conviction:
- Jail sentence. Normally 1–5 years depending on state and severity of circumstances.
- Heavy fines. Depending on state, $5,000 to $20,000 plus.
- License suspension. Could be years, even permanently.
- Ignition interlock device required on all vehicles for a significant period of time after conviction.
- Long term probation. Probation following a sentence that will monitor a driver for years to come.
- Employment hardships. Felony DUIs create a criminal record that makes finding employment, housing, and professional licenses extremely difficult.
Here’s what to remember… A felony DUI changes a life regardless of whether it’s a first-time offense or a habitual offense. This is why defense matters from the start.
Should You Hire a DUI Attorney?
Yes. Absolutely.
Felony DUI charges are not to be taken lightly, and definitely not without consulting a lawyer. DUI attorneys combat these types of charges every day. They will know how to review all evidence, ensure the accuracy of a BAC reading, determine if a traffic stop was valid, and look for any procedural errors that could get charges reduced or dropped completely.
The difference between a strong DUI defense and no defense at all could be the difference between felony charges and a misdemeanor. Or prison time versus probation. Don’t risk it.
Wrapping Things Up
Felony DUIs happen to more than just repeat offenders.
They happen to people who previously had a DUI, people who had a bad night and got tagged with injury to another person, and people who just happened to have a BAC value that was high enough. Knowing these DUI felony thresholds is step 1. Hiring a lawyer to fight back is step 2. Don’t wait to dial that number.
