“Will I go to jail?” is a question many people wonder after being charged with a DUI. Minnesota has four degrees of DUI charges from Fourth Degree DUI (a misdemeanor) to First Degree DUI (a felony). Having a high test reading (0.16 or higher), having a child under the age of 16 years in the vehicle, and having one of more prior DUI offense within 10 years are all “aggravating factors” and increase the seriousness of the charges.