What Makes a DUI a Felony Offense?
July 14, 2025
Driving under the influence (DUI) is a serious offense across the United States, and Arkansas is no exception. While many DUI charges are handled as misdemeanors, some circumstances elevate a DUI to a felony.
As an experienced DUI lawyer in El Dorado, Arkansas, I'm committed to protecting your rights when it comes to your DUI felony offense. By helping you know what options you have, you can approach your case with confidence and an idea of what to expect. Here's what you need to know about what makes a DUI a felony offense.
The Difference Between a Misdemeanor and a Felony DUI
In Arkansas, a first-time DUI is typically classified as a misdemeanor. Misdemeanors carry lighter penalties such as fines, license suspension, and possibly jail time, usually not exceeding one year.
Felony DUIs, by contrast, involve more severe circumstances or repeat offenses. Felonies lead to harsher penalties, including longer prison sentences, significant fines, and lasting consequences for employment, voting rights, and firearm possession.
The distinction between misdemeanor and felony DUI charges rests on a combination of the offender’s history and the specific facts of the incident.
Repeat Offenses and Felony Classification
One of the most common reasons a DUI becomes a felony in Arkansas is repeat offenses. The state takes a progressively harsher stance against individuals who repeatedly drive while intoxicated. According to Arkansas law:
A fourth DUI offense within ten years is considered a Class D felony.
Each additional DUI after the fourth leads to increased penalties and longer incarceration.
It’s important to understand that Arkansas uses a 10-year “look-back” period. That means the court considers prior DUI convictions that occurred within the past decade when determining whether the current offense qualifies as a felony.
The state maintains detailed records of prior DUI convictions, and prior charges in other states can count toward the total. If a person was previously convicted of DUIs in different jurisdictions, those convictions can also be used against them under Arkansas law.
DUI Involving Serious Physical Injury
When a DUI results in serious physical injury to another person, the charge may be elevated to a felony, even if it’s a first offense. Arkansas takes a strong stance on impaired driving that causes harm.
“Serious physical injury” refers to any injury that creates a substantial risk of death, causes protracted disfigurement, or results in long-term impairment. Examples may include traumatic brain injuries, spinal cord damage, or multiple fractures.
When such injuries occur, prosecutors may charge the offender with felony battery in addition to the DUI. This can significantly increase the penalties involved, including long prison terms and long-term restrictions after release.
DUI Resulting in Death
A DUI that causes the death of another person is one of the most severe forms of the offense. In Arkansas, this situation can lead to charges such as negligent homicide or manslaughter, depending on the facts.
These charges are felony offenses and carry extensive prison terms. Prosecutors must show that the impaired driver acted in a way that contributed directly to the death of another person, often by disregarding traffic laws or engaging in reckless behavior while under the influence.
Courts consider DUI-related deaths among the most aggravating circumstances, and judges rarely show leniency in sentencing.
Child Endangerment and DUI Charges
Driving under the influence with a child passenger in the vehicle can also result in felony charges. Arkansas law treats the presence of a minor, typically defined as a child under 16, as an aggravating factor.
This condition doesn’t automatically convert a DUI into a felony, but when combined with other factors, it can strengthen the prosecution’s case for a felony conviction. In some cases, the offender may also face separate charges for child endangerment, which can carry felony-level penalties.
If a child is injured or killed in the incident, the charges will be far more serious and likely classified as felony offenses.
Aggravating Factors That May Lead to a Felony DUI
Several other circumstances can contribute to a DUI being charged as a felony in Arkansas. These aggravating factors don’t always lead to automatic felony charges, but they increase the severity of the situation in the eyes of law enforcement and the courts.
Common aggravating factors include:
Driving with a suspended or revoked license
Having a blood alcohol content (BAC) well above the legal limit
Causing property damage in conjunction with injury
Fleeing the scene or attempting to evade law enforcement
Prior convictions for violent crimes
When multiple aggravating factors are present, prosecutors are more likely to pursue felony charges, especially if the individual has a history of similar behavior.
Consequences of a Felony DUI Conviction
Felony DUI convictions carry lasting consequences that extend far beyond the courtroom. In Arkansas, the penalties for a felony DUI may include:
Incarceration: Felony convictions often result in at least one year of prison time, with some cases leading to several years depending on the class of felony.
Hefty fines: Felony-level DUIs can result in fines ranging from several thousand to tens of thousands of dollars.
Long-term license suspension: Drivers may lose their driving privileges for multiple years and may face additional restrictions upon reinstatement.
Ignition interlock device: Offenders are often required to install a device that prevents the vehicle from starting unless a sober breath sample is provided.
Permanent criminal record: A felony conviction remains on a person’s record and can affect housing, employment, and civil rights.
These consequences create a long-lasting impact on an individual's daily life and future opportunities.
The Legal Process for Felony DUI Charges in Arkansas
When someone is arrested for a DUI that may qualify as a felony, the legal process begins immediately. The person will be taken into custody and arraigned before a judge, where charges are formally read.
At that point, the accused may be held in jail or released on bond. Prosecutors begin building their case, and the defense must review the charges, evaluate evidence, and prepare a strategy.
Depending on the facts of the case, some individuals choose to enter a plea agreement, while others move toward a trial. Felony DUI cases often involve more extensive evidence collection, including toxicology reports, accident reconstructions, and witness statements.
Each stage of the process carries specific deadlines and responsibilities, and outcomes depend on the details of the arrest and any prior history.
Arkansas’s Approach to DUI Enforcement
Arkansas law enforcement agencies take DUI enforcement seriously, especially when a person has prior convictions or when a crash occurs. Officers are trained to spot signs of impairment, conduct field sobriety tests, and request chemical testing.
Arkansas has an implied consent law, meaning that drivers who refuse a breath or blood test may face automatic license suspension and other penalties. Refusal may also be used against them in court to support the argument that they were impaired.
Repeat DUI arrests often trigger harsher enforcement measures and less tolerance for negotiation during legal proceedings.
Preventing Repeat DUI Offenses
Reducing the risk of felony DUI charges begins with avoiding impaired driving altogether. In Arkansas, even a single DUI conviction can have lasting effects, and each subsequent offense carries greater consequences.
Strategies to prevent repeat offenses include:
Using designated drivers or ride-sharing services
Seeking treatment for substance use disorders
Attending DUI education programs when ordered by the court
Installing ignition interlock devices when required
These actions don’t erase past convictions but can help individuals avoid further charges and demonstrate responsibility.
Reach Out Today
A DUI charge in Arkansas becomes a felony when certain aggravating factors are present—most commonly, repeat offenses, injury, or death. If you’ve been charged with a DUI in El Dorado or the greater South Arkansas region, call me at James B. Bennett Law Office today to get appropriate legal support.