A DUI can be charged as a misdemeanor or as a felony. A misdemeanor charge is less serious than a felony. A misdemeanor conviction carries a lower level of probation supervision. A felony conviction can result in a state prison sentence, which means you could serve time “behind bars” for drunk driving. Most DUIs are misdemeanors, but a DUI can be charged as a felony if:  You seriously injure and/or kill someone You have more than three DUIs You have a previous felony DUI