Is DUI A Felony in Florida?

Getting charged with a DUI is a serious allegation that can leave you confused and anxious. Many concerns can weigh on you, such as “Is DUI a felony in Florida?” We are here to answer that question and help you understand the various DUI laws in Florida.

Our Background

At the Law Office of Donald P. Day, we’ve spent years assisting the people of Naples and Southwest Florida with their legal matters. Our founder, Donald Day, has handled over 3500 DUI cases on his own. He is an AV Preeminent-rated Lawyer by Martindale-Hubbell, a peer rating body that is 150 years old.

Overview of DUI Laws in Florida

Driving under the influence (DUI) is a public health concern across America. In 2023 alone, 12,429 people were killed in DUI-related incidents across the country. That same year, Florida saw 44,185 DUI arrests made.

DUIs are classified under two categories. The first is operating a vehicle while impaired by alcohol, a controlled substance, or other chemical that affects your natural faculties. The second is driving with a blood alcohol level (BAC) of 0.08%.

Types of DUI Charges

Whether your DUI charge is treated as a felony or misdemeanor depends on your driving history and the existence of any aggravating factors, such as injury to another party. The following are the different types of felony and non-felony DUI charges that the Law Office of Donald P. Day represents:

Non-Felony Charges

The lesser category of DUI charges includes various levels of misdemeanor. First-time offenses are a second-degree misdemeanor, with up to six months jail time, fines between $500 and $1000, and license revocation for 180 days to a year.

A second-time offense within 5 years is a first-degree misdemeanor, with a fine of $1000-2000, a maximum prison sentence of 9 months, license revocation of 5 years, and a one-year mandatory ignition interlock device (IID). An IID is a breathalyzer built into your car that you must use before driving.

Aggravating factors can escalate a first offense to a first-degree misdemeanor. These contributing elements include:

• Being arrested with a BAC of 0.15%
• DUI while driving with a minor in the car
• The arresting incident involved a crash that resulted in property damage or minor injuries to another person.

Each of these carries penalties equivalent to second-time offense punishments.

Felony Charges

The first type of DUI escalated to a felony is a third offense within ten years. A third offense is classified as a third-degree felony, and it is punishable with fines of between $2000 and $5000, prison time up to 12 months, a mandatory IID for 2 years, and a 10-year license revocation.

A fourth offense DUI is a third-degree felony. Unlike second and third offenses, the fourth offense does not have any timeframe compared to previous convictions. Fourth violations result in permanent license revocation, minimum fines of $2000 with no maximum specified, and imprisonment of up to 5 years.

The final type of third-degree felony DUI case is an arrest following an accident that resulted in another person’s serious bodily harm. Penalties include fines up to $5000, prison time of a maximum of 5 years, and the opportunity for damages paid to the victim.

The most severe type of DUI felony is a manslaughter case. DUI manslaughter is a second-degree felony, with a minimum prison sentence of 4 years and an upper limit of 15 years. If you flee the scene, it can be escalated to a first-degree felony with a maximum of 30 years’ imprisonment.

Hire a DUI Lawyer

DUI charges have a serious impact on your life. Whether you are facing misdemeanor or felony cases, it is recommended that you hire a DUI Lawyer to help you with your case. Your DUI attorney can represent your interests both in and out of court, defending you against wrongful or manipulative prosecution tactics. If you are certain of your guilt, your DUI lawyer can negotiate a plea bargain that can reduce your charges, prison sentences, or fines.

FAQs

Is a DUI a Misdemeanor or a Felony in Florida?

Whether or not your DUI charges are considered a misdemeanor or a felony in Florida depends on the details of when you were arrested and your criminal record. A first-time offense, where there was no property damage and no one was hurt, is a misdemeanor, whereas a third-time offense within ten years with serious bodily injury caused is a felony. Your DUI lawyer may be able to negotiate a plea bargain that reduces the severity of your charges.

How Long Does a DUI Stay on Your Record in Florida?

In Florida, DUI convictions are recorded on two types of records. The first is your criminal record. If you were found guilty of a DUI, you cannot have it expunged from your record. You may be eligible if the case was dismissed or dropped. The second type of record is with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), which holds onto DUI charge records for 75 years.

How Likely Is Jail Time for the First DUI in Florida?

Jail time for a first offense DUI in Florida with no aggravating factors is rare. However, if you were involved in an accident that involved property damage, serious bodily harm, or someone’s death, your case may result in jail or prison sentencing. Your DUI Lawyer can examine your case and tell you how likely you are to be imprisoned with your charges.

How Much Does a DUI Lawyer Cost in Florida?

How much your Florida DUI Lawyer costs depends on the work hours your case requires, the case’s complexity, and the severity of the charges. A first-time DUI offense with no injured parties or property damage will often be cheaper than a fourth-time DUI offense with serious bodily harm caused. Your DUI lawyer can provide an estimate of what your final bill may be.

Meet With a Florida DUI Lawyer Today

Contact us for an initial consultation, where we can discuss your DUI case, whether it is classified as a felony, and provide you with your legal options. You may also visit our Naples offices — located in East Naples on Tamiami Trail, north of Naples Botanical Garden and just South of Collier County Government Center.