If I am charged with a Second DUI two years after my first, is it a felony?

The laws surrounding DUI offenses in every state in the U.S. differ depending on the jurisdiction the conviction takes place in. As such, whether subsequent charges are considered a DUI felony vs misdemeanor will vary based on where you live. 

• In many states, a subsequent DUI conviction within a certain time frame will be an elevated charge, or provide a harsher penalty, but may not be considered a felony. 
• In other states, if an individual is charged with 2 different DUI charges within a period of 5 years, his or her sentence can be elevated, even to felony charges. 
• Also, if a person grossly violates the BAC, or blood alcohol content laws, an individual can be charged with a felony on his or her first offense.  

The chances of a DUI being elevated to a felony offense for a 2nd occurrence within two years increase greatly if the defendant has any other charges associated with the DUI conviction. These punishments are negotiable with the courts in many cases, however, and if the defendant obtains sound legal advice from a criminal defense lawyer he or she greatly increases the chances of staying out of prison.