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Normally DUI is a misdemeanor, especially if it's a first time DUI offense. However, under certain circumstances a DUI charge falls into the felony category. These circumstances are when:

• You have multiple prior DUI offenses
• You are arrested for DUI at the scene of an accident where another person is seriously injured (vehicular assault) or death (vehicular homicide) of another is a result of the accident, and proper blood alcohol testing shows your blood alcohol concentration of .08 or more
• You have previously been convicted of killing or injuring someone while under the influence of intoxicating liquor or any drug

Misdemeanor DUI convictions tend to have lighter penalties, such as:

• a period of probation
• fines
• alcohol education
• license restrictions
• community service

By contrast, felony DUI convictions have severe penalties:

• significant jail time
• heftier fines
• longer period of probation
• alcohol education programs
• prolonged period of driver license suspension