Is DUI conviction a felony or misdemeanor

I had a background check for employment purposes and didn't get the position because of a felony conviction in my record. I told the employer I had a DUI 10 years ago and I was sentenced to a weekend of community service. The DUI was not part of an accident or injury. Can a DUI be considered a felony? - Is this your question? Add additional information
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Answers (5)

Nathan L Webb

Nathan L Webb Avvo Pro

Contributor Level 4
With the circumstances you have explained, your DUI conviction from 10 years ago is not the felony on your record. Recently (July 2007) the legislature promulgated a statute making a fifth DUI conviction within 10 years a felony. The prior DUI conviction you explained was a gross misdemeanor under the statute and the maximum penalty on that charge is 365 days and a $5000 fine.
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Sharon Elizabeth Chirichillo

Sharon Elizabeth Chirichillo Avvo Pro

Contributor Level 7
I also wonder if there was any Juvenile criminal history that was a felony? It would be a good idea to talk with a criminal defense attorney in your area so you can see what is actually consists of your criminal history.
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Gregory L Fullington

Gregory L Fullington

Contributor Level 4
I agree with the previous posts, and would add that there is always the possibility that another's record has been superimposed into yours or that you share the same name and/or date of birth as another individual who has a record and that is how this mistake came about.
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Brian Michael Sullivan

Brian Michael Sullivan

Contributor Level 4
In 2006, the Washington legislature changed the DUI laws to make certain DUI's a felony.

A charge of DUI or Physical Control can be a felony if the defendant has had four or more "prior offenses" in the past ten years. "Prior offenses" are defined as convictions for DUI, Physical Control, Negligent Driving 1st Degree, Reckless Driving, or Reckless Endangerment, where the charge was initially filed as DUI or Physical Control. Successfully completed deferred prosecutions also count.

Additionally, a DUI or Physical Control charge may become a felony if the defendant has a prior (lifetime) conviction for an alcohol related Vehicular Assault or Vehicular Homicide.
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Jason Matthew Mayberry

Jason Matthew Mayberry

Contributor Level 4
Typically your run of the mill DUI is a misdemeanor in most states. In FL, and likely many others, a third DUI can be charged as a felony. If there is serious bodily injury or death, the DUI will be charged as a felony. You may inquire as to whether your DUI is eligible for sealing or expungement. Some state's specifically exclude DUI as an expungeable offense but it would certainly be worth investigating
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