What Makes a DUI a Felony Over a Misdemeanor in Florida?
Drunk driving is a serious criminal offense in Florida (Florida Statutes § 316.193). A first-time DUI is typically classified as a misdemeanor offense. However, a DUI can be upgraded to a more serious felony criminal charge when certain aggravating factors are present. At The Law Office of Denise Miller, PA, our Stuart DUI defense attorney explains when drunk driving is classified as a felony in Florida.
Why a DUI Could Be a Felony Offense in Florida
Prior History (Third DUI Within Ten Years)
DUI penalties in our state are based, in part, on a motorist’s prior history of drunk driving offenses or lack thereof. In Florida, a third DUI offense within 10 years of a prior conviction is automatically classified as a third-degree felony. To be clear, the ten-year look-back period is calculated from the date of the last conviction. The charge can carry serious penalties, including up to five years in prison. Further, beyond the criminal penalties, the driver may face a lengthy license suspension/revocation.
Note: A fourth-time DUI is always a felony offense, no matter how many years have passed.
DUI With a Suspended or Revoked License
If a person is caught driving under the influence while their license is suspended or revoked, the offense can be elevated to a felony. Notably, Florida courts see this as willful disregard for public safety and court orders. It is an aggravating factor that can result in enhanced penalties, including longer jail time and steeper fines. The charge may be paired with habitual offender status.
DUI Resulting in Serious Bodily Injury
If a drunk driver causes a crash that causes a serious bodily injury to another person, it can also be prosecuted as a third-degree felony in Florida. “Serious bodily injury” means an injury that creates a substantial risk of death, disfigurement, or long-term impairment. Even a first-time DUI offender may face felony charges under these circumstances. A DUI serious injury offense also carries a maximum of five years in state prison.
DUI Manslaughter (Fatal Crash)
A deadly drunk driving crash can lead to the most serious criminal charge. It is usually a serious felony offense. Indeed, when a DUI results in the death of another person, the offense becomes DUI manslaughter. To be clear, this charge is a second-degree felony in Florida. The penalties can include up to 15 years in prison.
Note: If the driver leaves the scene after causing a fatal DUI crash, the charge can be upgraded to a first-degree felony that is punishable by up to 30 years in prison.
Call Our Stuart, FL DUI Defense Attorney for a Confidential Consultation
At The Law Office of Denise Miller, PA, our Stuart DUI defense lawyer is standing by, ready to help. If you or your loved one was arrested for drunk driving, we are here to help. Call us now or contact us online for a fully confidential consultation. With an office in Stuart, we defend felony DUIs and misdemeanor DUIs in Martin County.
