Understanding Florida's DUI Laws and the Consequences of Felony Charges
Driving under the influence (DUI) in Florida is taken very seriously, and while many DUI charges are misdemeanors, there are circumstances where a DUI can become a felony. As an experienced Florida DUI defense attorney, I want to help you understand when a DUI charge crosses the line into felony territory and what that could mean for your future. If you’re facing a DUI charge, knowing the difference between a misdemeanor and a felony DUI in Florida is essential for protecting your rights and your record.
Understanding Misdemeanor vs. Felony DUI in Florida
Most first-time DUI offenses are charged as misdemeanors, which carry significant consequences, including fines, license suspension, and potential jail time. However, under certain conditions, a DUI can escalate to a felony charge.
Felony DUI charges come with much more severe penalties and long-term consequences, including prison time, larger fines, and a permanent mark on your criminal record. In Florida, the distinction between a misdemeanor and a felony DUI is outlined under Florida Statutes § 316.193, which specifies the circumstances under which a DUI becomes a felony.
When Does a DUI Become a Felony in Florida?
There are a few key scenarios where a DUI in Florida can be charged as a felony rather than a misdemeanor. These scenarios are important because they greatly increase the penalties and legal ramifications for those convicted.
1. Third DUI Within 10 Years
If you have two prior DUI convictions, and you are arrested for a third DUI within a 10-year period, the new charge will automatically be classified as a third-degree felony under Florida Statutes § 316.193(2)(b). A third-degree felony carries penalties including up to five years in prison, up to $5,000 in fines, and a lengthy driver’s license revocation.
2. Fourth or Subsequent DUI
A fourth or any subsequent DUI charge will always be classified as a felony, regardless of when the prior convictions occurred. According to Florida Statutes § 316.193(2)(b)(3), a fourth DUI is treated as a third-degree felony. Even if you’ve had years between your DUI charges, Florida law mandates that a fourth DUI charge be treated as a felony, leading to prison time, significant fines, and potentially a permanent loss of your driving privileges.
3. DUI Resulting in Serious Bodily Injury
If you cause serious bodily injury to another person while driving under the influence, the charge automatically becomes a felony. Florida law defines “serious bodily injury” as an injury that poses a substantial risk of death, causes serious disfigurement, or results in protracted loss or impairment of a bodily function. In this case, you would face a third-degree felony under Florida Statutes § 316.193(3), with the possibility of up to five years in prison and up to $5,000 in fines.
4. DUI Manslaughter
One of the most severe consequences of a DUI is when someone dies as a result of your impaired driving. DUI manslaughter is a second-degree felony under Florida Statutes § 316.193(3)(c)(3). This charge carries a maximum of 15 years in prison and up to $10,000 in fines. In cases where a driver leaves the scene of the accident, DUI manslaughter can be elevated to a first-degree felony, punishable by up to 30 years in prison.
Consequences of a Felony DUI Conviction
Felony DUI convictions in Florida carry life-altering consequences. The penalties are significantly harsher than those for misdemeanor DUI offenses, and the impact can be felt long after the legal penalties have been served. If convicted of a felony DUI, here’s what you can expect:
1. Longer Prison Sentences
Felony DUI convictions carry the potential for lengthy prison sentences, with some cases resulting in up to 30 years behind bars. Even a third-degree felony can result in up to five years in prison. The severity of the prison sentence depends on the circumstances of the case, including prior DUI convictions and whether any injuries or fatalities were involved.
2. Hefty Fines
Fines for felony DUI convictions are much higher than those for misdemeanors. Depending on the felony charge, fines can range from $5,000 to $10,000. These fines are in addition to court costs, legal fees, and other expenses related to your case.
3. Permanent Criminal Record
A felony DUI conviction in Florida will remain on your criminal record permanently. Unlike some misdemeanors, felony convictions cannot be expunged or sealed. This can have serious consequences for your future, affecting your ability to find employment, obtain housing, or even hold certain professional licenses.
4. Loss of Driving Privileges
A felony DUI conviction often results in the permanent revocation of your driver’s license. In cases of DUI manslaughter or multiple DUI convictions, the court may decide that you will never be allowed to drive again in Florida.
5. Additional Legal and Personal Consequences
Along with the legal penalties, a felony DUI conviction can damage your personal and professional life. The stigma of a felony conviction can impact your relationships, job prospects, and overall quality of life.
Legal Defenses for Felony DUI Charges in Florida
Facing a felony DUI charge is a serious situation, but it’s important to know that you still have legal options. With the right defense, it’s possible to challenge the evidence, negotiate reduced charges, or even avoid a conviction altogether.
1. Challenging the Legality of the Stop
One of the most common defenses in DUI cases is to challenge whether the police had a valid reason to pull you over. If the stop was unlawful or conducted without reasonable suspicion, any evidence obtained during the stop, including breathalyzer results, can be excluded from the case.
2. Questioning the Accuracy of the Breathalyzer
Breathalyzer tests are not always accurate, and there are strict rules governing how and when these tests must be administered. If the breathalyzer was not calibrated correctly, or if the test was not administered properly, the results may be challenged in court.
3. Showing a Lack of Impairment
Not all cases involving DUI charges show clear evidence of impairment. There may be other explanations for the behavior or signs that police interpreted as intoxication. Medical conditions, prescription medications, or even fatigue can mimic the signs of impairment.
Florida Felony DUI FAQs
How does Florida define a "serious bodily injury" for felony DUI charges?
Serious bodily injury is defined under Florida law as an injury that poses a substantial risk of death, causes significant disfigurement, or results in the long-term impairment of a bodily function. If someone is severely injured due to a DUI accident, the charge can be elevated to a felony, even for a first-time offense.
What is the penalty for DUI manslaughter in Florida?
DUI manslaughter is a second-degree felony in Florida, carrying up to 15 years in prison and fines up to $10,000. If the driver flees the scene, the charge becomes a first-degree felony, which can result in up to 30 years in prison.
Can a fourth DUI be charged as a felony even if the previous DUIs were years ago?
Yes, under Florida law, a fourth DUI is automatically charged as a third-degree felony, regardless of when the prior offenses occurred. The law does not place a time limit on how far back prior DUI convictions can be used to enhance the charge to a felony.
Is it possible to avoid a felony DUI conviction in Florida?
While felony DUI charges are serious, they can sometimes be reduced or dismissed through various legal defenses. If the police did not have a legal reason to stop your vehicle, if the breathalyzer results were inaccurate, or if you were not truly impaired, it may be possible to challenge the charge and avoid a felony conviction.
Can a felony DUI conviction be expunged from my record?
Unfortunately, in Florida, a felony DUI conviction cannot be expunged or sealed. It will remain on your criminal record permanently, which can impact future employment, housing, and other aspects of your life.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Felony DUI charges in Florida carry severe penalties, but with the right legal defense, it’s possible to protect your rights and fight for a better outcome. If you’re facing a felony DUI charge, I’m here to help you understand your options and build a strong defense strategy.
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.