Despite an estimated 3.2% drop in traffic deaths to 8,650 in the first quarter of 2024, car crashes continue to be a serious threat, especially when drivers are impaired.
Driving under the influence is a serious punishable offense in Florida. If you’ve been charged with a DUI, you might be wondering about the potential consequences.
So, is a DUI a felony in Florida? The state of Florida law outlines several different DUI charges. Their seriousness depends on your blood/breath alcohol content (BAC), whether there was an accident, and if anyone was hurt or died.
Knowing what you could be facing can help you prepare your defense. It also helps you make informed decisions about your case. Learn more in this comprehensive guide:
Is a DUI a Felony in Florida?
Whether a DUI in Florida is a misdemeanor or a felony depends on several factors. The most common factor is the number of prior DUI convictions. Florida considers a fourth or subsequent DUI offense as a felony.
As such, if you’ve been convicted of three DUIs in the past, a fourth offense will be charged as a felony. Florida DUI penalties for a felony are significantly harsher than those for a misdemeanor. These can include prison time, hefty fines, and losing your driver’s license for a prolonged period.
Even a first-time DUI can be charged as a felony under specific circumstances. For example, if a DUI results in serious bodily injury or death, it can be upgraded to a felony charge. It carries severe penalties due to its tragic consequences.
Understanding DUI Charges in Florida
There are various types of DUI offenses in Florida, depending on the circumstances. The most common DUI charge is a misdemeanor, which typically applies to first and second-time offenders. However, as mentioned earlier, a DUI can escalate to a felony.
Beyond the distinction between misdemeanor and felony, there are specific DUI charges based on the consequences of the offense. For instance, a DUI with property damage occurs when a DUI-related crash causes property damage. DUI with personal injury involves causing bodily harm to someone other than yourself while driving under the influence.
A DUI conviction can impact your insurance rates, employment opportunities, and personal relationships. The penalties for DUI charges increase with each subsequent offense. In particular, a second DUI conviction typically results in harsher penalties than a first offense.
DUI With Property Damage
A DUI with property damage charge occurs when a driver under the influence of illegal substances or alcohol causes an accident that leads to damage to someone else’s property. The specific penalties vary depending on the extent of the damage caused. However, some common penalties include:
- Jail time: Up to one year in jail.
- Probation: Up to one year of reporting probation.
- Driver’s license revocation: At least six months, but up to one year.
- Fines: Minimum of $500, but can be up to $1,000.
- Community service: A requirement of 50 hours.
- DUI Substance Abuse Course: Mandatory completion of a 12-hour course.
- Vehicle impoundment: Your car may be impounded for up to ten days.
If your BAC is .15 or higher, penalties become even more severe. These enhanced penalties can include a higher fine and longer license revocation. Another penalty is having an IID (ignition interlock device) installed on the car.
DUI With Injuries
A DUI with injuries charge occurs when a driver under the influence of alcohol/drugs causes an accident that leads to bodily harm to another person. The penalties depend on the severity of the injuries. If the injuries are considered “non-serious,” the charge is a first-degree misdemeanor.
Penalties for a first-degree misdemeanor DUI with injuries include up to one year of jail time and a maximum fine of $1000. You also risk facing up to one year of license revocation. Other penalties include community service, DUI school, and vehicle impoundment.
However, if the injuries are considered “serious,” the charge is elevated to a third-degree felony. Penalties for a third-degree felony DUI with injuries are much more severe. They include a maximum 5-year prison time and up to $5,000 in fines.
The court may order a mandatory revocation of your license and restitution. A DUI with injuries can have a devastating impact on the victim and the accused. The DUI charge consequences can be far-reaching, including financial hardship, emotional distress, and a criminal record.
DUI Manslaughter in Florida
DUI manslaughter occurs when someone’s reckless driving while under the influence of alcohol/drugs directly results in the death of another person. It is classified as a second-degree felony. If convicted of DUI manslaughter, you could face a minimum of four years in prison, but the maximum sentence can extend up to 15 years.
Additionally, you might be required to pay a hefty fine of up to $10,000. A DUI manslaughter conviction can also lead to the permanent revocation of your driver’s license. As such, it impacts your ability to move freely and earn a living.
Protecting Yourself From DUI Charges in Florida
Preventing a DUI starts with responsible decision-making. Always designate a sober driver if you plan to consume alcohol or drugs or utilize alternative transportation options like taxis, rideshares, or public transit. If you find yourself in a situation where you might be impaired, it’s safer to find a safe place to rest until you are sober before driving.
Understanding Florida drunk driving laws with the help of a DUI defense lawyer is crucial. Familiarize yourself with Florida’s legal blood alcohol concentration (BAC) limit, which is 0.08%. Also, understand the potential penalties for a DUI conviction, which include fines, license suspension, and possible jail time.
Get a Free Consultation to Understand Your Florida DUI Options
Understanding the various types of DUI charges in Florida is crucial for anyone who drives. This knowledge can help you understand the potential consequences while answering the question, “Is a DUI a felony in Florida?”
Remember, a DUI can have serious repercussions, so get legal advice immediately.
If you’re facing a DUI charge in Florida, RHINO Lawyers’ experienced traffic ticket and criminal defense attorneys are here to help. During a free consultation, we can answer your questions and review your case details. Get started with your free evaluation, or call us 24/7 at (844) RHINO-77.
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RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
