DWI Felony in US

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March 10, 2011
Author: Chris M. Alexander

Drunk driving is when you are operating or driving a vehicle while being under the influence of alcohol owing to which mental and motor skills are impaired. US DWI laws are very strict. It is considered to be a crime and illegal in all states of US. While some states considered it as misdemeanor, some are very stringent and consider repeated offense as felony. According to the US federal government and most of the US states, a felony case is when you have committed a crime which can result in punishments for sentences of over a year. However, a misdemeanor is not as severe as a felony and can result in only imposing fines and only at times can result in a jail term of one year or less.

What is a DWI Felony?

In many states of USA, driving under influence of alcohol is a felony if it is repeated more than once. When you are convicted for felony, it means that your driving has led to death or has caused severe injuries to other individuals due to drunken driver. Some states in USA consider the act of felony as a homicide resulting in severe punishment. The rules and regulations for DWI felony vary from state to state. In New York, if you have committed a second time DWI offense within a specific period, then you will be convicted for felony. However, in Georgia, you would have committed a DWI felony only for a fourth offense. Therefore, it is very important to be aware of the various states in US and the DWI laws followed by each state.

DWI – A Misdemeanor or Felony

When convicted for DWI in US, it is considered to be a serious offense. In all US states, the maximum limit for blood alcohol levels while driving a vehicle is 0.08 percent and if you cross this limit then you can be charged with DWI. Federal laws are very strict about this and various methods are deployed to check the BAC level like blood sample, urine sample and breath tests. Though the federal laws are very strict about DWI, it can be considered as a felony or misdemeanor based on various factors like frequency of offenses, the blood alcohol level noted when arrested and number of people injured during the offense.

If it is your first DWI offense, then you will be charged as a misdemeanor. This will lead to about six months of jail time with your license being suspended for anywhere between 90 and 180 days. The fines and fees for first time offense will also be about $1000. Though not a felony, the penalties are still severe and can affect your driving records. Some states can even convict your DWI charge with much higher consequences like gross misdemeanors.

However, some states like New York can charge you with a Class E felony even if it is your second time DWI offense whereas in Texas you can get a felony after your fourth offense. Thus, there is considerable difference in DW laws across various US states. But if your DWI has led to a death or severe injury even if it is your first offense, you will still be charged with felony.

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