- August 12, 2024
- DUI Blogs | Taracks & Associates
Everything You Need to Know about Florida’s Felony and Misdemeanor DUIs
In Florida, the offense of Driving Under the Influence (DUI) is taken very seriously. However, its severity depends on whether it’s classified as a felony or a misdemeanor. A felony in Florida is punishable by at least a year in prison. Misdemeanors, on the other hand, have one year as their maximum sentence.
When it comes to impaired driving, the crime can be charged as a felony or a misdemeanor, depending on its unique circumstances. If you’ve been accused or arrested for DUI, it’s important to understand the severity and nature of your charges. This will ensure that you know what to expect and can make well-informed decisions regarding your case.
In this article, we’ll discuss DUI as a felony or a misdemeanor in Florida. You’ll also learn the necessary steps to take to fight a felony or misdemeanor DUI charge in the state.
Florida Misdemeanor DUI
DUI As a Misdemeanor in Florida
Generally, driving under the influence of drugs or alcohol in Florida is a misdemeanor of the first or second degree. This classification depends on whether it is your first or second DUI offense:
First Offense
If you’re facing a DUI charge for the first time, your case will likely be charged as a second-degree misdemeanor. This carries several consequences, including a $500 to $1,000 fine, up to 6 months’ incarceration, and up to 1 year of probation. If convicted, your vehicle may be impounded, and you’ll have to complete a DUI substance abuse course.
Second Offense
A second DUI offense will be charged as a first-degree misdemeanor, which carries steeper penalties than a second-degree misdemeanor. Also, the penalties can differ depending on whether the second DUI was committed within 5 years of the prior conviction.
Generally, the fine for a first-degree misdemeanor DUI is between $1,000 and $2,000, and the prison term can span 9 months. However, if the second DUI is within 5 years of the first, a minimum mandatory imprisonment term of at least 10 days applies. Other penalties for second-offense DUI include license suspension, probation, and installation of ignition interlock devices (IIDs).
Note: Certain exacerbating factors can complicate a misdemeanor DUI and increase the associated penalties. For example, assume that your blood alcohol level was at least 0.15 or there was a minor in your vehicle. In such cases, you face up to 9 months in jail as a first-time offender and 12 months as a second-time offender.
DUI As a Felony in Florida
When Is a Florida DUI a Felony?
While DUI is ordinarily a misdemeanor, it can be charged as a felony in the face of aggravating circumstances, which include:
Third Offense
If you are facing your third DUI charge within 10 years of the second, the offense will be classified as a third-degree felony. This is punishable by a prison term of up to 5 years and a maximum fine of $5,000. If convicted, your driver’s license may also be revoked for a minimum of 10 years. This applies to fourth and subsequent convictions regardless of the time between prior convictions.
DUI Manslaughter
When an impaired driver causes an accident that kills another, it’s called DUI manslaughter. This offense is classified as a second-degree felony and is punishable by up to 15 years in prison. If you tried to leave the scene of the crash without rendering help or providing the necessary information, it becomes a first-degree felony. This carries a maximum punishment of 30 years’ imprisonment.
DUI with Serious Bodily Harm
A DUI offense becomes a third-degree felony when it results in serious bodily harm to another. In such cases, you face up to $5,000 in fines and a maximum prison term of 5 years.
How to Fight a Misdemeanor or Felony DUI Charge in Florida
Steps to Take to Challenge Your Florida DUI Charge
Whether you’ve been charged with misdemeanor or felony DUI, doing the following will improve your chances of the best outcome:
Remain Calm and Polite
Being under arrest for DUI can be scary, but it’s important that you maintain composure during the process. A rude or combative disposition will only worsen your case. Instead, remain calm and cooperate with the law enforcement agents.
However, remember invoke your right to remain silent to avoid self-incrimination. Don’t provide any other information to law enforcement beyond your name, driver’s license, insurance details, and vehicle registration.
Post Bail
Upon arrest, you’ll be transported and booked into jail. However, you’ll likely be released after 8 hours or when your blood alcohol content drops below 0.05%. Be sure to post bail or hire a bondsman to post a bond on your behalf as soon as possible to get out of jail.
Hire a Florida DUI Defense Attorney
Get an experienced DUI defense lawyer to handle your case immediately after you’re released from jail. A qualified attorney will evaluate your case to determine the best defense strategy to secure your freedom or mitigate your charge.
Get Legal Help from Our Florida Criminal Defense Attorneys Now
Let’s Build a Strong DUI Defense on Your Behalf
Whether as a misdemeanor or felony, a DUI conviction in Florida comes with life-long adverse consequences. So, while it’s important to understand the gravity of your unique situation, what’s more essential is having a qualified attorney on your side. Our DUI defense attorneys are always here for you.
At Taracks and Associates, the severity and complexity of your DUI charge doesn’t scare us—we’ve likely handled worse. Our non-judgmental, compassionate, and experienced legal team is all about your freedom, regardless of the unique circumstances surrounding your case. We act quickly to develop a solid defense for your DUI charge, ensuring that we secure the best possible outcome.