Answer: A felony? Okay, number one, did you injure or disfigure someone while DUI? If you killed somebody while DUI, or if it is your fourth offense within ten years, these are all qualifiers for felony DUI. Further, if you are a habitual violator, and get caught for DUI while driving, this would be a felony DUI as well. So there’s several different ways you can get caught for felony DUI.