When is DUI a Felony in Florida?
As a Floridian, you’re probably well-aware that it’s against the law to drive under the influence of alcoholic beverages, controlled substances (including prescriptions), and chemical substances. But do you know if DUI is a misdemeanor or a felony under Florida law? Under Section 316.193 of the Florida Statutes, DUI can be a misdemeanor or a felony depending on the facts of the case.
Generally, a first or second DUI conviction is a misdemeanor offense; however, even a first DUI can be charged as a felony if the DUI led to serious bodily injuries or death. A Florida DUI is also a felony when it’s the third DUI offense within 10 years or when it’s the driver’s fourth DUI offense regardless of how long it’s been since the most recent DUI conviction.
What Are the Penalties for Felony DUI?
The penalties for a felony DUI in Florida are as follows:
- Third DUI with 10 years: A felony of the third degree, punishable by a fine between $2,000 and $5,000, a minimum 10-year driver license revocation, and at least 30 days behind bars.
- Fourth DUI: A felony of the third degree, punishable by a minimum fine of $2,000, mandatory permanent license revocation, and up to five years in prison.
- DUI with Serious Bodily Injury: A felony of the third degree, punishable by a fine not to exceed $5,000, and up to five years in prison.
- DUI Manslaughter: A felony of the second degree punishable by a fine not to exceed $10,000, mandatory permanent license revocation, and up to 15 years in prison.
Penalties for a First Misdemeanor DUI
A first DUI without any aggravating factors, such as a high blood alcohol level (BAL) is punishable by DUI probation, DUI School, up to six months in jail, and up to one-year driver’s license suspension.
Facing DUI misdemeanor or felony DUI charges? Contact my firm for a free consultation.