When a DUI Becomes a Felony in Florida: Key Factors, Legal Ramifications, and How to Protect Your Future

Driving under the influence (DUI) is a serious charge in Florida, but not all DUI charges carry the same weight. While many DUIs are classified as misdemeanors, certain circumstances elevate a DUI to a felony. The stakes are higher, the penalties are harsher, and the long-term consequences can be life-altering. Let’s explore the specific scenarios that can lead to a felony DUI charge under Florida law.

What Is a Felony DUI in Florida?

A felony DUI is a DUI offense that meets specific aggravating factors under Florida law. Unlike a misdemeanor DUI, a felony DUI carries stiffer penalties, including longer prison sentences, higher fines, and long-term impacts on your driving privileges and criminal record.

Key circumstances that elevate a DUI to a felony include:

  • Multiple DUI Convictions
  • DUI Involving Serious Bodily Injury
  • DUI Manslaughter
  • DUI with a Minor in the Vehicle (in some cases)

Each of these circumstances is governed by specific Florida statutes, which outline the legal standards, penalties, and possible defenses.

Multiple DUI Convictions

In Florida, the number of prior DUI convictions plays a critical role in determining whether a DUI will be charged as a felony.

  • Third DUI Within 10 Years: According to Florida Statute § 316.193(2)(b), if you are convicted of a third DUI offense within ten years of a prior conviction, the charge is classified as a third-degree felony. Penalties include up to five years in prison, five years of probation, and a $5,000 fine.
  • Fourth or Subsequent DUI: A fourth DUI offense, regardless of when the prior offenses occurred, is automatically a third-degree felony. The penalties remain the same, but you may also face permanent revocation of your driver’s license.

DUI Causing Serious Bodily Injury

Under Florida Statute § 316.193(3)(c)(2), a DUI that results in serious bodily injury to another person is charged as a third-degree felony. Serious bodily injury is defined as an injury that poses a substantial risk of death, causes significant disfigurement, or results in the loss of the function of a bodily organ.

Penalties for a DUI causing serious bodily injury include:

  • Up to five years in prison
  • Up to five years of probation
  • Fines up to $5,000
  • Restitution to the victim for medical expenses and other losses

A conviction can also open the door to civil lawsuits from the injured party, which can lead to additional financial burdens.

DUI Manslaughter

DUI manslaughter is one of the most severe DUI-related offenses in Florida. Under Florida Statute § 316.193(3)(c)(3), a DUI that results in the death of another person is classified as a second-degree felony. The penalties are significant:

  • A minimum mandatory sentence of four years in prison (up to 15 years)
  • Fines of up to $10,000
  • Permanent license revocation

If you leave the scene of the accident, the charge can be elevated to a first-degree felony, carrying a maximum sentence of 30 years in prison.

Legal Issues and Ramifications of a Felony DUI

Felony DUIs have far-reaching consequences that go beyond the immediate penalties. They can affect your ability to find employment, secure housing, and maintain professional licenses. Additionally, Florida’s habitual offender laws may apply, further increasing the penalties for repeat offenders.

As a criminal defense attorney, I know that a felony DUI can feel overwhelming, but it’s important to remember that being charged doesn’t automatically mean you’ll be convicted. Florida law allows for several defenses that can reduce or eliminate the charges.

Possible Defenses to a Felony DUI Charge

  • Challenging the Traffic Stop: If the officer lacked probable cause to stop your vehicle, any evidence gathered after the stop may be inadmissible in court.
  • Questioning the Accuracy of BAC Tests: Breathalyzer machines and blood tests are not infallible. Calibration errors, improper administration, or contamination can lead to inaccurate results.
  • Arguing Lack of Causation: In cases involving serious bodily injury or death, it must be proven that the DUI caused the injury or fatality. If other factors contributed, the charges may be reduced.
  • Demonstrating Procedural Errors: Law enforcement must follow strict procedures when handling DUI arrests. Any deviations can be used to challenge the charges.

What to Do if You’re Facing a Felony DUI in Florida

If you’re facing a felony DUI charge, you need an experienced defense attorney who can evaluate the facts of your case, protect your rights, and build a strong defense. The sooner you act, the better your chances of achieving a favorable outcome.

Florida Felony DUI FAQs

What’s the difference between a misdemeanor and a felony DUI in Florida?
A misdemeanor DUI typically involves a first or second offense without aggravating factors, such as injuries or fatalities. A felony DUI, on the other hand, includes serious circumstances like multiple convictions, serious bodily injury, or manslaughter. Felony DUIs carry harsher penalties, including longer prison sentences, higher fines, and permanent license revocation in some cases.

Can a felony DUI be reduced to a misdemeanor in Florida?
Yes, it is possible to have a felony DUI charge reduced to a misdemeanor, but it depends on the specifics of your case. Factors such as lack of prior convictions, mitigating circumstances, or weaknesses in the prosecution’s evidence can influence this outcome. An experienced DUI defense attorney can negotiate with prosecutors to seek a reduction in charges.

What is the statute of limitations for a felony DUI in Florida?
The statute of limitations for a felony DUI in Florida depends on the level of the felony:

  • Third-degree felony: 3 years
  • Second-degree felony: 3 years
  • First-degree felony: No statute of limitations if the crime is punishable by life imprisonment, otherwise 4 years

The clock starts ticking from the date of the offense.

Can I lose my job because of a felony DUI conviction?
Yes, a felony DUI conviction can impact your employment. Many employers conduct background checks, and a felony conviction can disqualify you from certain positions, especially those involving driving, security clearances, or professional licensing.

What happens if I refuse a breathalyzer test during a felony DUI investigation?
Refusing a breathalyzer test can result in immediate administrative penalties, such as license suspension. If you’ve refused before, it could also result in additional criminal charges. However, refusing a test doesn’t guarantee a felony DUI charge will stick, as the prosecution must rely on other evidence to prove impairment.

What is the minimum prison sentence for a felony DUI in Florida?
The minimum prison sentence depends on the specific charge. For instance, DUI manslaughter carries a minimum mandatory sentence of four years. However, other felony DUIs, such as a third DUI within ten years, do not have a mandatory minimum sentence but can result in up to five years in prison.

How can an attorney help with a felony DUI case?
An attorney can review the evidence, identify weaknesses in the prosecution’s case, and develop a strategy to challenge the charges. This may include questioning the legality of the traffic stop, the accuracy of BAC tests, or the chain of custody for evidence.

Contact Musca Law 24/7/365 at 1-888-484-5057 for Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.