When Is a DUI a Felony in Florida?

For more detailed information regarding how many DUIs is a felony in Florida, other extenuating circumstances that can lead to an upgrade of the misdemeanor offense, and a free case evaluation call our firm today. Contact Matt Shafran to talk through your case, including any refusal charge filed alongside it. Our phones are answered 24 hours a day, 7 days a week, including holidays.

How Do I Know If My DUI Was a Felony?

Read the charging document. Under Florida Statute 316.193 a DUI is a felony in only four situations: it is your third conviction for an offense that happened within 10 years of a prior conviction, it is your fourth or later conviction at any point in your life, the driving caused serious bodily injury to someone, or the driving caused a death. Everything else is a misdemeanor. Your arrest paperwork and the information filed by the State Attorney name the statute subsection you are charged under, and that subsection is the answer.

First and second DUI convictions in Florida are misdemeanors unless the driving hurt or killed someone. Property damage on its own does not make a DUI a felony: under Florida Statute 316.193(3)(c)1., a DUI that causes damage to the property or person of another is a first-degree misdemeanor. A third DUI is a felony only when the offense happened within 10 years of a prior conviction, and a third offense outside that window is a first-degree misdemeanor under Florida Statute 316.193(2)(b)2. A fourth or later DUI is a felony no matter how much time has passed.

The best way to find out if your DUI is a felony or a misdemeanor charge if you are uncertain is to contact Matt Shafran of Weinstein Legal Team, an experienced DUI attorney in Orange, Palm Beach & Broward County, FL. Your legal team can communicate with the courts and the prosecutor's office to obtain details surrounding your case, including the precise charges.

Additionally, the courts will schedule a date for your formal arraignment following your arrest. It is at this time when a judge will read your official charges in a courtroom (unless you waive this right, to which your attorney can best advise). At this time, you will enter your plea of guilty or not guilty. Whether a charge can be reduced or dismissed depends on the evidence, so the value of counsel at arraignment is having someone who has already read the paperwork and knows what to ask for.

Ways a DUI Can Be Charged as a Felony in Florida

There are four circumstances under which the state may prosecute a DUI as a felony. You are not required to prove your innocence in any of them. The State Attorney carries the burden of proving every element beyond a reasonable doubt, and the defense job is to test whether the state can do it. The exposure on a felony DUI is real: state prison, a permanent record, and years without a driver license.

Here are four ways that the state may prosecute your DUI charge as a felony offense.

1) This is your third DUI charge in a 10-year span

Under Florida Statute 316.193(2)(b)1., a third DUI conviction is a third-degree felony when the offense happened within 10 years after a prior DUI conviction. No injury and no property damage is needed. If the third offense falls outside that 10-year window, Florida Statute 316.193(2)(b)2. makes it a first-degree misdemeanor instead, punishable by a fine of $2,000 to $5,000 and up to 12 months in jail.

A third DUI within 10 years carries up to five years in prison under Florida Statute 775.082 and a fine of up to $5,000 under Florida Statute 775.083(1)(c). The court must also order at least 30 days in jail under Florida Statute 316.193(6)(c), with at least 48 hours served consecutively, an ignition interlock device for at least two years, and a 10-year driver license revocation under Florida Statute 322.28(2)(a)3.

2) This is your fourth+ DUI of a lifetime

No matter how many years have passed since your earlier convictions, a fourth or later DUI conviction is a third-degree felony under Florida Statute 316.193(2)(b)3.

The prison exposure matches a third DUI within 10 years, up to five years under Florida Statute 775.082, but the fine has a floor. Florida Statute 316.193(2)(b)3. sets it at not less than $2,000, up to the $5,000 third-degree felony maximum in Florida Statute 775.083(1)(c). A fourth conviction also permanently revokes your driver license under Florida Statute 322.28(2)(d). You may petition for an employment-only restricted license five years after the last conviction under Florida Statute 322.271(5).

3) Another person sustains a serious bodily injury as a result of your driving

The courts take driving under the influence particularly seriously, as it can cause irreparable harm to other innocent individuals on the road. Under Florida Statute 316.193(3)(c)2., causing serious bodily injury to another person while driving under the influence is a third-degree felony, even on a first offense. Florida Statute 316.1933(1)(b) defines serious bodily injury as a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. The person injured can be a passenger in your own car, another driver, or a pedestrian.

A conviction carries up to five years in prison under Florida Statute 775.082, a fine of up to $5,000 under Florida Statute 775.083(1)(c), and restitution to the person you injured. Talk to a vehicular homicide and DUI injury lawyer before you give a statement to an investigator or an insurer.

4) Another person, or unborn child, dies as a result of your driving

DUI manslaughter is the most serious DUI charge in Florida. Under Florida Statute 316.193(3)(c)3.a. it is a second-degree felony, and it applies when the driving causes the death of any human being or unborn child.

A DUI manslaughter conviction carries a mandatory minimum of four years in prison, up to 15 years in prison under Florida Statute 775.082, and a fine of up to $10,000 under Florida Statute 775.083(1)(b). The court can order restitution to the family, including funeral expenses, and Florida Statute 322.28(2)(d) permanently revokes your driver license. If you knew or should have known a crash had happened and left without giving information and rendering aid, Florida Statute 316.193(3)(c)3.b. raises the charge to a first-degree felony.

How Can a DUI Defense Lawyer Help With a Felony Case?

If you are facing felony DUI charges, contact Florida criminal defense attorney Matt Shafran at Weinstein Legal Team right away. It may be possible to get your charges either reduced or dismissed entirely, however, you must act quickly. Mr. Shafran has years of experience working with the Florida court system and formerly served as a prosecutor. This means that he is well-familiar with the tactics they may attempt to employ to convict you and can form the best possible defense.

Weinstein Legal Team also works with private investigators and crash reconstruction experts, which matters in a felony DUI because the state will have its own. And it is worth repeating: you never have to prove your innocence. The State Attorney has to prove every element beyond a reasonable doubt, and the defense job is to hold them to that.

If you have further questions regarding how many DUIs is a felony in Florida, what circumstances could lead for a first- or second-time DUI offense to be charged as a felony, or anything else pertaining to your case, don't wait to contact Matt Shafran at Weinstein Legal Team. We'll provide you with a free case evaluation, free of any obligation, and give legal guidance on how to best move forward.

Call (954) 845-0505 and ask for defense attorney Matt Shafran today.