Many people ask me, can a DUI be a felony? A DUI can be a felony. It really depends on what the circumstances of your DUI. For instance, if you have three prior DUI convictions and this new DUI is a fourth DUI within 10 years, this will be filed as a felony. Under the law, technically it’s what’s called a wobbler which means that the prosecutor does have the option to file it as a misdemeanor but more than likely, they are going to file it as a felony because that’s just what they do.
The second way a DUI can be a felony is if you’re involved in an accident and somebody is injured. The third way is if you’ve been convicted of a prior DUI felony in the past. If that is a case, then this new DUI is going to be filed as a felony just because you had a prior DUI felony. If you have any particular questions or you’re not sure, feel free to give me a call. I’d be more than happy to sit down and talk with you about your specific situation so that you know exactly what you’re up against as far as type of case; whether it’s a felony or a misdemeanor.