More details to this question:
I want to know if having two DUI charges within a 10 year period is considered a felony.
39 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, Three is a felony.
Answered on May 29th, 2013 at 12:34 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 29th, 2013 at 12:34 AM
Criminal Defense Attorney serving Everett, WA
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Michael E. Jones Attorney at Law
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No.
Answered on May 29th, 2013 at 12:24 AM
3 Awards
No. only 2 convictions would make a 3rd arrest a felony. But it can still be a felony if you had a kid under 15 in the car, someone dies, or had serious bodily injury.
Answered on Aug 14th, 2012 at 4:36 PM
James Edward Smith
No, 2 are still misdemeanors on the 2nd.. 3 in 7 years is a felony on the 3rd.
Answered on Aug 14th, 2012 at 4:36 PM
Not by themselves without injury to another person as a result of the DUI.
Answered on Aug 14th, 2012 at 4:36 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. The second one is if you've already been convicted of DWI in the past ten years.
Answered on Aug 14th, 2012 at 4:35 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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No. A 2nd offense OUI is still a misdemeanor in MA.
Answered on Aug 14th, 2012 at 4:35 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No. The prior carries penalty enhancement if within 10 years.
DUI is a felony if there is an injury accident.
Answered on Aug 14th, 2012 at 4:35 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No. A felony dui is either your 4th dui within 10 years or any dui with injuries.
Answered on Aug 14th, 2012 at 4:34 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Each is a misdemeanor.
Answered on Aug 14th, 2012 at 4:34 PM
In Nevada, two dui convictions within seven (7) years is considered a misdemeanor provided neither charge involves substantial bodily injury or death.
Answered on Aug 14th, 2012 at 4:33 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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No. The second charge could only be charged as a second offense, which is a high misdemeanor. If you pick up a third DUI, ever in your lifetime, under Michigan law, that third DUI could be charged as a felony.
Answered on Aug 14th, 2012 at 4:33 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It can be depending on a lot of factors, such as your blood alcohol level, the circumstances of your arrest, the D.A. handling your case and the general policy of the D.A.'s office, among other things.
Answered on Aug 14th, 2012 at 4:33 PM
No. It is not. A third within 7 is a felony.
Answered on Aug 14th, 2012 at 4:33 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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No, it should not be a felony.
Answered on Aug 14th, 2012 at 4:32 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Not usually, unless some other factor such as injury is involved.
Answered on Aug 14th, 2012 at 4:32 PM
Dennis P. Mikko
In Michigan, no. It would take three DUI convictions within a 7 year period.
Answered on Aug 14th, 2012 at 4:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Usually not, unless there are special circumstances. DUIL 3rd is a felony.
Answered on Aug 14th, 2012 at 4:30 PM
In Mississippi a second DUI offense within a 5 year period is still considered a misdemeanor offense. It doesn't become a felony until you receive a third DUI conviction within a 5 year period. Any DUI convictions that are older than 5 years are not counted as far as the enhancement goes.
Answered on Aug 14th, 2012 at 4:29 PM
Michael J. Breczinski
NO. But having three or more convictions ever would raise the charge to a felony. The third one they can charge as a felony.
Answered on Aug 14th, 2012 at 4:29 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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No. The third offense is a felony.
Answered on Aug 14th, 2012 at 4:29 PM
Steven D. Dunnings
Yes and there is no longer a limit on how far they can go back.
Answered on Aug 14th, 2012 at 4:27 PM
Leonard A. Kaanta
The third DUI can be prosecuted as a felony.
Answered on Aug 14th, 2012 at 4:27 PM
A second DUI within ten years will not be a felony if there are no enhancements.
Answered on Aug 14th, 2012 at 4:26 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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No, a 2nd DUI or OWI is not a felony.
Answered on Aug 14th, 2012 at 4:25 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Generally not. If the facts of the DUI warrant it... for example, there is an accident and someone is very seriously injured or killed, it would be charged out as a felony.
Answered on Aug 14th, 2012 at 4:25 PM
1 Award
Not necessarily. A DUI can be a felony if it is egregious enough, but in Utah, a second DUI is often a misdemeanor.
Answered on Aug 14th, 2012 at 4:25 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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3 within a lifetime in Michigan. 2 convictions within 7 years lead to an enhanced misdemeanor with a minimum 1 year revocation of your driver license.
Answered on Aug 14th, 2012 at 4:24 PM
Appellate Practice Attorney serving Columbia, SC
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Aiken and Hightower PA
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In South Carolina, DUI 2d offense is a misdemeanor.
Answered on Aug 14th, 2012 at 4:24 PM
Gary Moore
No. Not in New Jersey.
Answered on Aug 14th, 2012 at 4:24 PM
3 Awards
Not in Colorado.
Answered on Aug 14th, 2012 at 4:24 PM
In Missouri, it takes three DWI-type charges (during any time period) to make a felony.
Answered on Aug 14th, 2012 at 4:23 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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No. 4th DUI within 10 years is felony.
Answered on Aug 14th, 2012 at 4:23 PM
No, it has to be the 4th within 10 years, and even then it is discretionary on the part of the prosecutor.
Answered on Aug 14th, 2012 at 4:22 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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No. It is still a class B misdemeanor. Depending on the facts, there may be some difference to what I have written. But generally, you are facing The Utah Driver License Division and the Utah Courts will impose sanctions on a person for being arrested and/or convicted of driving under the influence. The Utah Driver License Division may impose sanctions based on the person's arrest. Additionally, the Utah Driver License Division will impose sanctions upon conviction. If convicted, Utah Courts will order mandatory sanctions. Additionally, there are a number of sanctions the Utah Courts may order.
Answered on Aug 14th, 2012 at 4:22 PM
No. At this point no DUI charge is considered a felony in NJ. However, driving while suspended for DUI can be a 4th degree felony if it is a 2nd offense of that nature.
Answered on Aug 14th, 2012 at 4:13 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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Under no circumstance is a DUI, or any number of DUI's under New Jersey law considered a felony. It is, however, now a felony if you are caught driving during the period of your license suspension after a DUI conviction.
Answered on Aug 14th, 2012 at 4:06 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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No. It takes a 3rd charge to elevate the crime to a felony, and the time limit for the occurrence of the first 2 charges is 7 years not 10 and there is no time limit as to when the 3rd offense must occur for it to be classified as a felony.
Answered on Aug 10th, 2012 at 1:52 PM