A first offense OUI is a misdemeanor, but it can turn into a felony if either it is a 3rd offense or higher; or it involves death or serious bodily injury.

The difference between a felony and a misdemeanor is that felonies can be indicted and brought to the Superior Court where the jail sentence is a lot higher and upon conviction, the individual has to submit to a DNA test. In addition, it can have some serious consequences for background information; including, jobs and school.

Typically, a 3rd offense OUI would remain in District Court. If it is a 4th or 5th offense OUI, it has a higher likelihood of being brought to Superior Court where there is a maximum sentence of five (5) years in the state prison. If it involves the seriousness of death or bodily injury, it does also carry the potential for state prison time. If it remains in District Court, it has mandatory jail time.