A Comprehensive Guide to Felony DUI Penalties Under Florida Law and How to Protect Your Future
Facing a felony DUI charge in Florida is life-changing. Unlike a misdemeanor DUI, a felony DUI carries significantly harsher penalties that can follow you for the rest of your life. Whether it’s due to multiple prior offenses, a DUI-related accident involving injury or death, or driving under the influence with aggravating factors, the consequences are serious.
Let’s discuss the potential fines, prison sentences, and other long-term consequences of felony DUI charges under Florida law, so you understand what’s at stake.
What Constitutes a Felony DUI in Florida?
Most first and second DUI offenses in Florida are misdemeanors. However, a DUI becomes a felony when certain aggravating factors are present, such as:
- Third DUI Offense Within 10 Years: If you are convicted of a third DUI within 10 years of a prior conviction, it is a third-degree felony under Florida Statute § 316.193(3).
- Fourth or Subsequent DUI Offense: Any fourth or subsequent DUI, regardless of when prior offenses occurred, is charged as a felony.
- DUI Involving Serious Bodily Injury: A DUI that results in serious bodily injury to another person is a third-degree felony under § 316.193(3)(c)(2).
- DUI Manslaughter: If a DUI causes another person’s death, it is charged as a second-degree felony, or in certain cases, a first-degree felony under § 316.193(3)(c)(3).
Understanding the classification of your charges is the first step in assessing what penalties you could face.
Fines for Felony DUI in Florida
Felony DUI convictions come with substantial fines. These fines increase depending on the severity of the offense:
- Third DUI Within 10 Years: Fines range from $2,000 to $5,000.
- Fourth or Subsequent DUI: A minimum fine of $2,000 applies, but fines may be significantly higher depending on the court’s discretion.
- DUI With Serious Bodily Injury: Expect fines up to $5,000.
- DUI Manslaughter: Fines can reach up to $10,000.
It’s important to note that these fines are in addition to other costs, including court fees, probation fees, and increased insurance rates.
Prison Sentences for Felony DUI
Felony DUI convictions almost always include incarceration. The length of your sentence depends on the offense:
- Third DUI Within 10 Years: Up to 5 years in prison.
- Fourth or Subsequent DUI: Up to 5 years in prison.
- DUI With Serious Bodily Injury: Up to 5 years in prison.
- DUI Manslaughter:
- Second-Degree Felony: Up to 15 years in prison.
- First-Degree Felony (if you left the scene of the crash): Up to 30 years in prison.
Under Florida’s Criminal Punishment Code, judges consider aggravating and mitigating circumstances when determining sentencing. Having legal representation can significantly impact the outcome.
Long-Term Consequences of a Felony DUI Conviction
Beyond fines and prison time, felony DUI convictions carry long-lasting consequences, including:
- Permanent Criminal Record: Felony convictions cannot be sealed or expunged in Florida, meaning your DUI will remain on your record indefinitely.
- Driver’s License Revocation:
- A third DUI within 10 years results in a 10-year revocation.
- A fourth or subsequent DUI results in permanent license revocation.
- DUI manslaughter convictions result in a mandatory permanent revocation, with eligibility for a hardship license after 5 years.
- Employment Challenges: Felony convictions can disqualify you from certain professions and make finding employment difficult.
- Loss of Civil Rights: Felony convictions may result in the loss of voting rights and the ability to own firearms.
The collateral consequences often feel just as harsh as the criminal penalties, making it crucial to fight for the best possible outcome.
Defending Against Felony DUI Charges in Florida
We understand the gravity of facing a felony DUI charge. While the consequences are severe, a strong legal defense can make a difference. Some common defense strategies include:
- Challenging the legality of the traffic stop.
- Questioning the accuracy of breath or blood test results.
- Arguing that injuries or fatalities were not caused by your impairment.
- Highlighting procedural errors in the arrest process.
An experienced DUI defense attorney will examine every aspect of your case to find weaknesses in the prosecution’s evidence.
FAQs About Felony DUI in Florida
What makes a DUI a felony in Florida?
A DUI becomes a felony in Florida when aggravating factors are present, such as multiple prior offenses, serious bodily injury, or a fatality caused by the impaired driver. For example, a third DUI within 10 years, a fourth or subsequent DUI, DUI involving serious injury, and DUI manslaughter are all felony charges.
Can I avoid prison for a felony DUI in Florida?
It is possible to avoid prison, but it depends on the circumstances of your case. Judges may consider alternative sentences, such as probation or participation in a treatment program, particularly if you have no prior criminal history. However, charges like DUI manslaughter often result in mandatory prison time.
How long will my driver’s license be revoked for a felony DUI?
Felony DUI convictions result in lengthy or permanent license revocations. For example, a third DUI within 10 years carries a 10-year revocation, while a fourth DUI or DUI manslaughter results in permanent revocation. You may be eligible for a hardship license under certain conditions.
What should I do if I’m facing felony DUI charges?
The first step is to hire an experienced DUI defense attorney. Felony DUI cases are complex and carry significant penalties, so having skilled legal representation can make a substantial difference in the outcome of your case.
Can a felony DUI be reduced to a misdemeanor?
In some cases, felony DUI charges can be reduced to misdemeanors through plea bargaining, particularly if the aggravating factors are minimal or there are weaknesses in the prosecution’s case. Your attorney can advise you on whether this is a viable option.
What happens if I caused a fatal accident while driving under the influence?
Causing a fatal accident while driving under the influence is charged as DUI manslaughter, a second-degree felony punishable by up to 15 years in prison. If you leave the scene of the accident, the charge becomes a first-degree felony with a potential 30-year prison sentence.
How does a felony DUI conviction impact my future?
A felony DUI conviction can affect your life in many ways, including permanent damage to your criminal record, difficulty finding employment, loss of civil rights, and financial burdens from fines and increased insurance rates.
Can I get my record expunged after a felony DUI conviction in Florida?
No, felony DUI convictions cannot be expunged or sealed in Florida. The only way to avoid having a felony DUI on your record is to fight the charges and secure a dismissal, acquittal, or reduction of charges.
Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation
Felony DUI charges in Florida are serious, but you don’t have to face them alone. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our experienced DUI defense attorneys serve all 67 counties in Florida and are ready to protect your rights and your future.