Is a DUI a Felony or a Misdemeanor?

DUI in Westmoreland County, PA

It depends, a DUI is generally a misdemeanor, but it can be a felony. 

Depending on how many DUI’s someone has affects the grading of a DUI. When I say grading of a crime, I am talking about the classification of the offense that reflects on the seriousness of the crime. 

If someone has 4 DUIs in ten years, it’s going to be graded accordingly. It’s more serious and there are stiffer penalties. 

If it’s someone’s first DUI, it’s probably going to be an ungraded misdemeanor. Gradings go from S, M, M3, M2, M1, F, F3, F2, F1. I sometimes see issues where DUI’s aren’t classified correctly. 

I’ve seen cases where a DUI is classified as a M1 and it should be an M. If you are charged with a DUI, call an attorney. Because the difference between an M and an M1 can be the difference of jail time, probation, or even your right to own a firearm.

If you have any questions about the topic discussed in this article, or any criminal law matter, please give us a call at Bononi & Company 724-972-4180.


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