is dui a misdemeanor?

If you’re arrested for driving under the influence, you could be facing three different types of charges: an infraction, a misdemeanor, or a felony. The consequences for the DUI will vary significantly depending on which type of offense you’re charged with. Learn the difference between a felony and a misdemeanor DUI.

An infraction is an offense, but it is the least serious type of offense. Infractions will not give you a criminal record, and usually, all that is necessary to set things right is to pay a fine.

Impaired driving can be an infraction, though more often it is not.  In Wisconsin, a first OWI is a civil infraction, provided the blood alcohol level is below .15 and there are no other aggravating factors.

You are not guaranteed a right to trial for an infraction, and in fact they are usually resolved quickly at a court appearance. In some states an attorney can have charges reduced via plea bargain from misdemeanor to infraction.

The majority of drunk driving arrests involve misdemeanor charges, which are more serious than infractions. A misdemeanor DUI is more likely to result in a jail term of up to one year and a punitive fine. You have the right to a trial if you are facing misdemeanor charges.

Most impaired driving charges involving speeding, reckless driving, and driving without a license are misdemeanors, though

A misdemeanor conviction can also result in other restrictions, such as loss of professional licenses, difficulty at job interviews, and denial of a firearm permit. Ignition interlocks, or car breathalyzers, are also required in many misdemeanor DUI cases.

The most serious crimes involve felony charges. In 46 states a too-often-repeated DUI is a felony – usually the third or fourth one. Injuring or killing someone while driving drunk is almost always a felony.  Some states raise the charge to a felony if you have a child under a certain age in the vehicle while driving drunk.

In most states, repeated DUI offenses—typically, beyond a second—are charged as felonies.

DUI laws vary from state to state, but a few situations commonly result in felonies and other sentence enhancements.

If you've ever had a DUI before, a subsequent offense typically results in a felony. A felony is any offense punishable by death or by imprisonment for more than one year. Some states enhance the sentence if you've had a DUI within the past five or 10 years. Others charge a repeated DUI as a felony no matter how long ago the first offense occurred.

In most states, felony charges are filed if someone is killed or injured by the drunken driver, particularly if the driver is the one who caused the accident.

For example, if you run a stop sign while intoxicated and hit another vehicle, you may be charged with felony DUI if anyone is injured. However, such a charge would be less likely if somebody else rear-ended you at a stop sign and you were found to be intoxicated.

In some states, felony charges are likely to be imposed if you get a DUI:

In all states, the standard for impairment is a blood alcohol content (BAC) of 0.08%. A higher BAC can result in a harsher punishment.

If you're caught driving under the influence with a child in the vehicle, your sentence will be enhanced in many states, even if it's your own child. The enhancement applies for minors under age 18, but age cutoffs vary from state to state.

Many states impose harsher penalties if you refuse to take a breath test—for example, immediate revocation of your license or mandatory jail time.

However, authorities must obtain a warrant before ordering you to take a blood or urine test, as the Supreme Court ruled in June 2016. Otherwise, you can refuse these without additional penalties.

If you crash while driving under the influence, your penalties will be greater in most states. For example, you'll be financially liable for property damages. The punishment is even greater if you weren't carrying required auto insurance at the time.

If you're convicted of felony DUI, you'll probably be required to use certain equipment—for example, an ignition interlock device or a continuous monitoring device (SCRAM ankle bracelet). Furthermore, the associated costs will be your responsibility, and this equipment is quite expensive.

Most states require anyone convicted of drunk driving to undergo an alcohol evaluation. A counselor will assess whether your drinking behavior can be considered alcohol dependence or alcohol abuse.

You may be required to enter an alcohol treatment or education program to learn how binge drinking and other problem drinking can affect your health and life.

Penalties become increasingly severe with every misdemeanor DUI you garner, even without felony convictions.

Basically, a first offense DUI is a misdemeanor in all 50 states and the District of Columbia. Below you will find a discussion of misdemeanor DUIs generally, when a DUI can be charged as a felony, and possible misdemeanor DUI penalties.