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Depends. Different states have different laws, but a rule of thumb is that a DUI or OWI first offense is a misdemeanor. Some states start to elevate it to felony status if it is a repeat conviciton for a second, third or greater. Most states will also consider it a felony if it is in conjunction with an accident that results in a certain dollar level of property damage, bodily injury or death.

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15y ago
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3d ago

In most places, drinking and driving is considered a misdemeanor for a first offense. However, if there are aggravating factors such as a high blood alcohol level, prior convictions, or causing injury or death, it can be upgraded to a felony.

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Q: Is drinking and driving a misdermenor or a felony?
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