Is a DUI a Felony in Florida?
Florida is a state with a zero-tolerance policy towards drunk driving. If you’re convicted of driving under the influence (DUI) with a blood alcohol content (BAC) of.08% or higher, you can face serious penalties. But, is a DUI a felony in Florida?
Direct Answer: Yes, a DUI can be a felony in Florida, but it depends on several factors.
Background:
Florida’s implied consent law states that driving a vehicle within the state constitutes consent to submit to a breath, blood, or urine test to measure BAC. If an officer has reasonable suspicion or probable cause to believe the driver is impaired, they can request a breath sample or arrest the driver without a warrant.
Classifications of DUI:
In Florida, DUI offenses can be classified into two types:
- First-Time Offense (Misdemeanor): BAC of.08%-0.14%
- Up to 1 year in jail
- Fine up to $2,000
- 6-12 months of probation
- Second or Subsequent Offense (Misdemeanor): Prior DUI conviction within 10 years
- Increased fine up to $5,000
- Up to 1 year in jail
- 1-2 years of probation
What Constitutes a Felony DUI in Florida:
A DUI becomes a felony in Florida when it’s considered a Repeat-Offender DUI, typically with a BAC above.15%. In some cases, a felony charge may also apply if a driver:
- Has three or more prior DUI convictions within 10 years (Felony DUI-Capital Offense)
- Causes a collision resulting in serious bodily harm or death to another (Felony DUI Resulting in Great Bodily Harm or Death)
Felony DUI-Related Penalties:
- Felony DUI-Capital Offense:
- 5-15 years of prison time
- $10,000 fine
- Mandatory driver’s license revocation
- Mandatory community control sentence (probation)
- Felony DUI Resulting in Great Bodily Harm or Death:
- 4 years of prison time minimum to life
- 1st-degree murder for deaths resulting from reckless homicide (up to life sentence)
Key Factors for Felony DUI:
• Number of previous DUI convictions
• Severity of the BAC (.15% or above)
• Collateral consequences, such as accidents or injuries to others
• Presence of aggravating factors, including high-speed driving or endangering others
Understanding the Consequences:
If you’re arrested and charged with a DUI, it’s crucial to:
- Know your legal rights: Consult with a criminal defense attorney experienced in DUI cases
- Take the charges seriously: Felony DUI convictions have long-term consequences on your record, insurance rates, and future employment
- Seek professional help: If you struggle with alcoholism or addiction, treatment can help address underlying issues and reduce the likelihood of future offenses
Tables:
| DUI Category | BAC Range | Penalty |
|---|---|---|
| First-Time Offense (Misdemeanor) | .08%-0.14% | 1 year in jail, fine up to $2,000, 6-12 months of probation |
| Second or Subsequent Offense (Misdemeanor) | Various | Increased fine, 1 year in jail, 1-2 years of probation |
| Repeat-Offender DUI | .15%+ or prior convictions | 5-15 years of prison time, $10,000 fine, mandatory license revocation |
Recap:
A DUI in Florida can be both a misdemeanor and a felony, depending on the specifics of the case. Misdemeanor DUI penalties vary based on prior offenses and BAC levels, while felony DUI convictions often carry more severe consequences. It’s essential to take DUI charges seriously, seeking legal guidance and addressing potential underlying issues to minimize legal and personal harm.
References:
- Florida Statute 316.193, DUI
- Florida Driver’s License Suspension Handbook
