Is a DUI a Criminal Offense?
Imagine you’re driving home after an evening out, and just a few miles from your house, you see those flashing lights in your rearview mirror. As the officer approaches, you start wondering, What will it mean if this turns into a DUI? Is a DUI a criminal offense?
Driving under the influence (DUI) carries serious potential consequences, including fines, jail time, and a permanent criminal record. Many drivers wonder, Is a DUI a misdemeanor or felony? Here, we’ll explain what defines a DUI as a criminal offense and how it’s categorized.
Is a DUI a Criminal Offense?
Driving under the influence (DUI), whether involving alcohol or drugs, is a public safety threat and is treated as a criminal offense across the United States. A DUI charge means law enforcement has identified your actions as endangering others, making it subject to criminal penalties. Whether a DUI results in a misdemeanor or felony charge often depends on factors like prior DUI offenses, the driver’s blood alcohol concentration (BAC), and whether impaired driving caused harm to others. From the first offense to subsequent charges, a DUI can have far-reaching effects on your life and your future.
Is a DUI a Felony or a Misdemeanor?
The classification of a DUI as a felony or misdemeanor often depends on the circumstances surrounding the incident. Most first-time DUI offenses are treated as misdemeanors, but certain aggravating factors can elevate it to a felony.
Misdemeanor DUI: First Offenses and Minor Incidents
In many cases, a first-time DUI charge without severe consequences (like causing an accident or injury) will be classified as a misdemeanor. A misdemeanor DUI conviction goes on your criminal record. It can result in criminal penalties as well as collateral consequences—like higher insurance rates, restrictions on job opportunities, and travel limitations.
Felony DUI: Serious or Repeat Offenses
A DUI may be charged as a felony in the following circumstances:
- Repeat offenses. Multiple DUI convictions within a short timeframe can upgrade the offense to a felony. Felony charges can lead to longer jail terms, stiffer fines, and potentially even permanent license revocation.
- High BAC or dangerous behavior. Some states have enhanced penalties for drivers with an exceptionally high BAC or those exhibiting reckless driving behaviors. Either of these factors can escalate the charge to a felony.
- Accidents, injuries, or fatalities. When impaired driving results in a severe accident, injuries, or fatalities, the charge is typically escalated to a felony due to the significant impact on victims.
Felony DUIs can lead to harsher penalties and, like a misdemeanor, result in a permanent criminal record.
Penalties You Could Face for DUI Convictions
DUI penalties vary based on whether the charge is a misdemeanor or felony. Misdemeanor DUI criminal penalties often include fines, community service, probation, a suspended license, and mandatory alcohol education. If you face jail time, it will likely be for less than a year.
Felony DUIs carry harsher consequences like longer incarceration, higher fines, and extended license loss.
In all cases, DUI convictions on your record can negatively impact employment opportunities, housing opportunities, and personal relationships, making it critical to handle these charges seriously. Most states require drivers convicted of DUIs to install an ignition interlock device.
How Long Does a DUI Stay on My Record?
In many states, a DUI remains on your record for at least 10 years, though this varies. Expungement may be possible, depending on state law and the circumstances of the case.
However, in New Mexico, a DUI received after 2005 stays on your record for 55 years. And unfortunately, New Mexico law does not allow a DUI to be expunged from your record.
Is a DUI Considered a Violent Crime?
Generally, DUI is not classified as a violent crime, but cases involving injuries or fatalities can result in felony charges with serious repercussions.
What to Do Next
A DUI charge can feel overwhelming, especially with the unknowns about your future. If you have questions or need guidance on DUI charges, contact New Mexico Criminal Law Offices. Our experienced attorneys help you understand your options and provide a strong defense.
Resources:
- Impaired Driving Laws, Enforcement and Prevention. US Department of Transportation (2019), link
- The Consequences of a DUI. American Addiction Centers (2023), link
- Arrests Across America (DUI). American Addiction Centers (2024) link
- National Highway Traffic Safety Administration, Alcohol Ignition Interlocks, link