When is a DUI Considered a Felony in Florida?

Is a DUI a felony in Florida? Driving under the influence – even a first offense – has severe penalties. In some circumstances, the state may charge you with a felony. If you do not take care of the DUI immediately, it can affect you for the rest of your life, even if the arresting officer erred or you were not drunk. In some cases, those arrested for drunk driving may have a defense, including erroneous breathalyzer readings and officer error. The experienced DUI defense attorneys at Darling Law can guide you through the process and help protect your rights.

Is a DUI a Felony or Misdemeanor in Florida?

Whether the State charges you with a misdemeanor or a felony depends on your individual circumstances. Generally, if you are arrested for a DUI that did not cause significant injuries and you do not have at least two prior DUI convictions, you would face a misdemeanor charge.

However, a misdemeanor DUI is still a serious charge that can significantly impact your life. It could:

• Affect your ability to drive
• Result in significant fines
• You may have a permanent criminal record
• You may have probation or jail time

What Happens if Convicted of a Misdemeanor DUI in Florida?

The penalties for a misdemeanor conviction depend on the circumstances of your case, including your previous record, blood alcohol level, severity of injuries if you were involved in a DUI accident, and other factors. The minimum penalties a person could receive for a DUI include:

• Imprisonment
• Immobilization or impoundment of your vehicle
• Fines
• Driver’s license suspension
• Probation

What Penalties Are Possible for a DUI in Florida?

The penalties possible for a DUI offense increase with each DUI.

First DUI Offense

• Imprisonment: Not more than six months unless your blood alcohol level (BAL) was 0.15 percent or higher, then not more than nine months.
• Immobilization or impoundment of vehicle: Ten days for the first conviction unless your family does not have other transportation.
• Driver’s license revocation: Minimum of 180 days with a maximum of one year if a DUI accident did not cause bodily injury. With bodily injury, a minimum of three years.

Second DUI Offense

• Imprisonment: Not more than nine months unless your BAL was 0.15 percent or higher or you had a minor in the vehicle, then not more than 12 months. Additionally, if the second conviction was within five years of your first conviction, mandatory imprisonment for at least 10 days, of which at least 48 hours must be consecutive.
• Immobilization or impoundment of vehicle: Thirty days if the second conviction is within five years of the first conviction.
• Driver’s license revocation: If the second conviction is five or more years after the first conviction, a minimum of 180 days with a maximum of one year if the DUI accident did not cause bodily injury. With bodily injury, a minimum of three years. If the second offense is within five years of the first offense, a minimum of five years.

Third DUI Offense

• Imprisonment: If within 10 years of a prior conviction, mandatory imprisonment is for at least 30 days, of which 48 hours must be consecutive. If the third offense is more than 10 years after a prior conviction, not more than 12 months of mandatory imprisonment.
• Immobilization or impoundment of vehicle: If within 10 years of a prior conviction, 90 days.
• Driver’s license revocation: If within 10 years of the second conviction, a minimum of 10 years revocation, and if the third offense is 10 or more years after the second conviction, a minimum of 180 days with a maximum of one year if a DUI accident did not cause bodily injury. With bodily injury, a minimum of three years.

Fourth and Subsequent DUI Offenses

• Imprisonment: Not more than five years, or pursuant to Florida Statutes §775.084 if you are a habitual or violent offender.
• Driver’s license revocation: Regardless of when you had prior convictions, you can lose your license permanently. If you were incarcerated, the revocation period starts on the date of your release.

Other Considerations for DUI Penalties

• DUI crash with property damage or criminal justice: First-degree misdemeanor
• Repeat DUI offender or crash with serious bodily injury: Third-degree felony
• Manslaughter and vehicular homicide: Second-degree felony. If you leave the scene, it is a first-degree felony

If convicted of DUI manslaughter, the license revocation is permanent and mandatory.

What Are the Circumstances Under Which a DUI Becomes a Felony Offense in Florida?

If you are arrested for a DUI – even if it is your first, it can become a felony if there are aggravating factors, such as serious bodily injury or fatalities. Third-degree felonies are punishable by up to five years in prison and a fine of no more than $5,000.

A third Florida DUI within 10 years of a prior conviction and four or more DUI convictions are also felonies.

What Should I Do If I’m Charged with a Felony DUI in Florida?

All DUI cases can significantly affect the rest of your life. It is imperative that you contact a criminal defense attorney as soon as possible after an arrest, especially if the police charged you with felony DUI charges. Additionally, if you believe you have been wrongfully arrested or if aggravating factors were involved, such as the death of another person, you should contact a DUI attorney to help protect your rights and guide you through the process.

Why Choose Darling Law?

When you have been arrested for DUI, you need an experienced DUI defense lawyer on your side. Florida has strict DUI laws that can lead to felony DUI convictions.

Testimonials

“Darling Law is top notch! Andrew Darling immediately got to work on my case from the minute I contacted him. He and Ashley from his firm were extremely professional and kept in constant contact with me which made me feel extremely comfortable with the process. They got my case dismissed in very timely manner and cause very little disturbance to my everyday life. I would definitely recommend Darling law to anyone looking for an attorney!” – Julius F.

“I wanted to take a moment to express my sincere gratitude for the outstanding service I received at Darling Law attorneys office. Thank you for your unwavering commitment to both the law and the well-being of your clients. I am truly grateful for the positive experience I have had with Darling Law. I highly recommend Darling Law attorneys office, they are life savers and they can help you with any legal matter. God bless this Law firm” – Alex V.

“I am very pleased with the service I received from Andrew and his staff. They were communicative, efficient, and trust worthy. Everything was resolved quickly. I would definitely recommend him to anyone else. I was nervous about the process but he reassured me and came through.” – Geradine.

Facing a DUI Charge? We’re Here to Help.

If you were stopped for driving under the influence of drugs or alcohol, contact a DUI defense attorney as soon as you are allowed to make a phone call. You can contact Darling Law any time of day or night at 407-329-8260 or by completing our online contact form.