Is a DUI a Misdemeanor in Florida?
A Driving Under the Influence (DUI) charge can be a serious offense with severe consequences in Florida, including fines, imprisonment, and loss of driving privileges. But what exactly is a DUI, and is it a misdemeanor or a felony offense in Florida?
DUI Definition
In Florida, a DUI is when a person operates a motor vehicle or is in physical control of a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that their normal faculties are impaired. Under Florida Statute 322.031, a driver can be arrested and charged with DUI if their BAC (Blood Alcohol Concentration) is:
• .08% or higher: for drivers ages 21 and older,
• .02% or higher: for underage drivers (under 21 years old),
• Any detectable amount of an illegal drug: for drivers of any age.
Is a DUI a Misdemeanor in Florida?
Prior to 2002, DUI charges in Florida were typically treated as misdemeanors. However, with the passage of the "Vehicle Impaired Driving" initiative, Florida changed its legal approach to DUI charges.
Florida’s DUI Level System
Florida has introduced a level system to distinguish between misdemeanor and felony DUI charges. The level classification is based on the blood alcohol concentration (BAC) and the number of DUI offenses an individual has prior convictions. Here’s how it works:
| DUI Level | BAC Requirements | Penalty |
|---|---|---|
| DUI First-Offense (Misdemeanor) | Not applicable | Up to $1,000 fine and/or up to 1 year imprisonment |
| DUI Second-Offense (Misdemeanor) | Not applicable | Up to $1,500 fine and/or up to 9 months imprisonment |
| DUI Third-Offense or Subsequent Offenses | Not applicable | Class E felony, up to 5 years imprisonment |
Felony DUI Charged in Florida
Only in extreme cases, does a DUI charge become a felony. A felony DUI charge can occur when someone is charged with DUI:
• Causing severe bodily injury or death to another: under Florida Statute 316.193(3).
• Committing a DUI causing a traffic accident: which results in severe bodily harm or death to another or a property damage of over $10,000 under Florida Statute 316.193(3)
In such cases, felony DUI charges carry more severe penalties, including:
Felony DUI Penalties
• Up to 5 years imprisonment and/or a fine not exceeding $5,000
• Up to 7 years imprisonment: if the DUI caused harm or death to a designated victim (e.g. a police officer, etc.)
Conclusion
While a DUI can be either a misdemeanor or a felony offense in Florida, most first-time DUI arrests are still considered misdemeanors. However, this does not mean that consequences are limited to fines or imprisonment alone. A person convicted of DUI can lose their driving privileges, serve community service, and suffer long-term effects on their reputation, insurance rates, and personal relationships.
Accurate information about DUI penalties and classification is crucial, especially when dealing with repeat offenders. It is wise to consult with an attorney specializing in DUI cases or review relevant Florida laws (e.g., Florida Statute 316.193) for more detailed explanations and information.
