Driving after drinking or using drugs is illegal everywhere in the U.S. That part is clear. Every state agrees on that. What gets confusing is what happens after the arrest, because not every DUI is treated the same.
With a regular DUI, you’d only have to worry about court dates or losing your license. But once a DUI crosses into felony territory, the penalties for felony DUI start impacting work, housing, professional licenses, and basic freedoms people don’t think about until they’re suddenly gone.
What Makes a DUI a Felony?
Here are some situations that can apply to make your DUI a felony:
High BAC
Having alcohol in your system is one thing. Having a lot of it is another. Most states treat a very high BAC as a serious warning sign. Numbers like 0.15% or higher are often labeled aggravated.
That doesn’t automatically make it a felony everywhere, but it opens the door to harsher charges and penalties.
The reasoning is simple. Higher BAC means slower reactions, worse judgment, and a higher chance of causing real harm. Courts don’t need an accident to take that seriously.
Hit-and-Run While Impaired
Hit-and-run plus DUI is often charged as a felony, even if the accident itself wasn’t severe. The act of leaving signals awareness and avoidance, which the law does not look kindly on. You are legally required to stop any time you hit anything. No exceptions or excuses.
Accidents That Hurt People
If a DUI leads to an accident where someone is seriously injured or killed, the charge almost always becomes a felony. It doesn’t matter if the injured person was in your car, another car, on a bike, or walking.
When injuries are severe, states often charge intoxicated assault or vehicular manslaughter. These are felony offenses with long-term consequences.
It also doesn’t require intent. The law doesn’t ask whether you meant to hurt someone. It asks whether your choices put people in danger and whether that danger became real.
Driving With Kids in the Car
Having a child in the vehicle during a DUI changes how the law sees the situation. Many states treat this as child endangerment. Some make it a felony outright. Others add separate charges that carry their own penalties.
Courts see this as more than bad judgment. They see it as putting someone who can’t protect themselves at risk. In some cases, child welfare agencies get involved too, which adds another layer of stress and consequences.
Driving on a Suspended or Revoked License
If your license is suspended or revoked, you are not supposed to be driving. Period. Getting caught driving under the influence while already barred from driving often turns what would be a misdemeanor into a felony.
The law sees this as ignoring a direct legal restriction. Even restricted licenses come with strict rules. Driving outside those rules while impaired can raise the charge quickly.
Why You Need a Lawyer
Having a lawyer by yourself in the midst of all this gives you structure when everything feels out of control. Someone is finally on your side, doing the thinking when your head is too full to do it right.
First, a lawyer explains what is actually happening to you. They tell you what you’re charged with, what that charge really means, and what could happen next.
And then, a good lawyer also knows the rules the police have to follow. Cops can’t just do whatever they want. There are steps they must take. Times they must follow. Things they must say and write down.
A lawyer looks closely at how you were stopped, how you were tested, and how you were arrested. If something was done wrong, that can change the case.
The court has its own language. Judges expect things to be done a certain way. Prosecutors do too. A lawyer knows when to push, when to wait, and when to stay quiet. This isn’t something you can figure out by watching videos or reading a page online. It comes from doing it over and over.
If there is a chance to lower the charge, a lawyer knows how to ask for it. Prosecutors don’t offer better deals just because someone hopes for one. They respond to pressure, facts, and strategy. A lawyer brings all three. They know what matters to the prosecutor and what doesn’t.
If your case goes to trial, a lawyer knows how to tell your story in a manner that doesn’t paint you as 100% guilty. That can change how a judge or jury sees you.
Even when a case doesn’t go to trial, a lawyer helps shape the outcome.
Key TakeawaysÂ
- Most DUIs start as misdemeanors, but certain details can turn them into felonies fast.
- High BAC levels, injuries, or death almost always raise the charge.
- Having a child in the car makes the situation much more serious.
- Getting legal help early can change how much damage is done later.