This depends on the state. In most cases, a first lifetime DUI is a misdemeanor if there are no other charges. However, most states graduate to a felony if it is a certain subsequent offense, or if there are compounding factors, such as an accident.
A dui in Tennessee is a misdemeanor until the fourth instance upon which it becomes a felony.
Misdemeanor
No. A straight DUI is a misdemeanor. When someone is injured or killed in a DUI related accident, then it becomes a felony.
In Texas, a DUI becomes a felony upon the third offense. Up until that point, a regular DUI is a misdemeanor.
A DUI in California can be charged as either a misdemeanor or a felony, depending on the circumstances. Generally, a first or second DUI offense is charged as a misdemeanor, while a third offense within 10 years or a DUI causing injury is typically charged as a felony.
In Delaware, a DUI will become a felony upon the third offense. Up until then the charge will be for a misdemeanor.
The main difference between a misdemeanor DUI and a felony DUI is the severity of the offense. A misdemeanor DUI typically involves first or second time offenses with no significant aggravating factors, while a felony DUI usually involves multiple DUI convictions, serious injury or death caused by driving under the influence, or other aggravating circumstances that elevate the offense to a felony level. Felony DUIs carry harsher penalties, including longer jail time and higher fines.
In Massachusetts, a DUI becomes a felony upon the third offense. Up until that point, the charge is a misdemeanor.
In Maryland, a DUI is a misdemeanor offense. Other factors-such as child endangerment-can make the charge a felony, however.
In California a dui is a misdemeanor until the fourth offense upon which you will be charged with a felony and mandatory prison time.
first offense is a class 1 misdemeanor third offense is a felony
No, especially if you're on parole or probation a second DUI can be a felony or misdemeanor that results in a heavier sentence.