Felony DUI
Felony DUI means prison time. Your priors may not count.
You were arrested for DUI, and a past conviction could raise the charge to a felony. In Texas, a third DWI means 2 to 10 years in prison.
Answered 24/7: a free review of your priors and a DUI defense lawyer for your state.
What changes
A felony conviction can mean state prison instead of county jail, a much longer license loss, and a record that blocks some jobs and housing. In New York, a third aggravated DWI within 10 years is a D felony with up to 7 years (New York DMV).
By state
| State | Felony trigger and penalty |
|---|---|
| New York | Second DWI in 10 years: E felony, $1,000 to $5,000, up to 4 years |
| Texas | Third DWI: $10,000 fine, 2 to 10 years |
| Illinois | Child in the car with bodily harm: Aggravated DUI, Class 4 felony, $2,500 fine; third conviction: Class 2 felony |
| Arizona | Third DUI within 84 months: Class 4 felony |
Illinois rules come from the Secretary of State fact book; the Arizona look-back is summarized by Justia.
With two prior DWIs in Texas, a third arrest is charged as a felony with a $10,000 fine and 2 to 10 years (TxDOT). The first question is whether both priors are valid and inside the window.
Interlock
An interlock usually follows a felony DUI once driving is allowed again, often for years. Massachusetts sets two years at least for multiple offenders. See the ignition interlock page.
What a lawyer can still do
The fight is often over the priors. A conviction from another state, a plea to a lesser charge, or a date outside the window may not count. A lawyer can also challenge the injury link in a crash case. These questions decide whether the charge stays a felony.
Questions people ask
What makes a DUI a felony?
Usually one of three things: enough prior convictions, a crash that seriously hurts or kills someone, or a child in the car. Each state draws its own line.
What is aggravated DUI?
It is a name some states give a DUI with an added factor. In Illinois, a DUI with a child that caused bodily harm is Aggravated DUI, a Class 4 felony. Arizona uses aggravated DUI for a third offense within 84 months.
Is a misdemeanor DUI still serious?
Yes. A misdemeanor DUI can still mean jail, a suspension and a record. Massachusetts allows up to two and one-half years for a first OUI.
How long is prison for a felony DUI?
It depends on the state and the facts. Texas sets 2 to 10 years for a third DWI, and New York sets up to 4 years for a second DWI within 10 years.
Read next: A second DUI · A DUI with an accident · DUI penalties by state
What to do now
You face a possible felony DUI, and the fight often turns on your prior convictions. A felony can mean state prison, a much longer license loss, and a record that blocks some jobs and housing. Call now, and a DUI defense lawyer goes over your case tonight and files your license hearing request before the deadline.
Check my prior convictions (877) 317-9931
Answered 24/7: a free review of your priors and a DUI defense lawyer for your state.
Send your case details
Send your state, the dates of any prior DUI or DWI convictions, and how each one ended. With those details in hand, the lawyer can start sorting out which priors count the moment you talk.