A DUI cannot be filed as a felony unless:
- there are three prior DUI convictions in the lifetime of the driver (the 4th DUI);
- it involves a crash with death or serious bodily injury;
- there are two prior DUI convictions with one being within the last ten (10) years (the 3rd DUI within 10 years)
Penalties for a DUI conviction become enhanced if any of the following aggravating factors can be proven beyond all reasonable doubt:
- a crash with property damage or non-serious personal injury;
- a BAC reading at .15 or above;
- a third DUI outside of ten (10) years of any prior DUI;
- a second DUI within five (5) years of a prior DUI; or
- a child passenger under the age of 18 years old.