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In the case of drunk driving, a person can be charged with a felony after his or her third DUI misdemeanor, even if there is no human casualty or property damage. If convicted of a felony, a person can expect to suffer more serious penalties in addition to jail time. misdemeanor, for example, can involve time in jail, while a felony usually requires that a sentence of one year or more be served in prison. These consequences are in addition to fines that are proportionate to the level and severity of the crime.
DUI as a Felony. The difference between misdemeanor and felony is determined by the type and length of the punishment for the crime. Misdemeanors have the potential of incarceration in the local jail for up to one year. Felonies typically result sentencing to state prison for more than a year.