Assuming that the DUI is the only offense, a fourth (or more) offense within 10 years is a "wobbler" and can be charged as either a misdemeanor or a felony, a second (or more) offense within 10 years of a prior conviction for felony DUI can also be charged as a felony. Another lawyer may have additional situations but these come directly to mind. Every county that my law firm serves will charge a fourth offense within 10 years as a felony, but you should check with a local attorney regarding the local prosecutor's policy.
Answered on Feb 06th, 2013 at 8:06 PM