Is a DUI a Felony in Florida? Navigating the Legal Landscape

If you’ve been charged with a DUI in the state of Florida, you likely have a few questions on your mind, especially if it’s your first offense. What happens when you get a DUI in Florida? Do you need legal counsel? Will you have to go to court? What about potential penalties?

First off, know that you’re not alone. It’s natural to have questions about the laws and processes surrounding DUIs. And, by learning about these laws and policies, you’ll be better equipped to move forward in the legal process.

In particular, if you’re wondering, is a DUI a felony in Florida, this guide is for you.

While a DUI can sometimes be considered a felony in Florida, it ultimately depends on a number of factors. Below, we’ll walk you through the conditions under which a DUI is considered a misdemeanor and a felony charge, as well as the penalties that come along with each type of conviction and the differences between various types of felony DUIs.

DUIs in Florida: Conditions that Determine Misdemeanors and Felonies

In the state of Florida, a DUI can be charged as either a misdemeanor or a felony. In most cases, a first or second offense will be charged as a misdemeanor, while further offenses sit in a gray zone, able to fall into either category depending on severity.

For instance, a third conviction of a DUI in a ten-year period will result in a felony charge of the third degree. After those ten years, a third offense will no longer be charged as a felony, but it will carry a heavier penalty in terms of potential jail time and fines.

Additionally, it’s important to note that a fourth DUI conviction in the state of Florida will result in a third-degree felony regardless of when the previous offenses took place. Any Florida DUI past the fourth is also charged as a felony in the third degree regardless of conviction history.

What are the Possible Penalties for a DUI in Florida?

The penalties for a DUI in Florida depend on a number of factors: how many prior convictions the driver has, when those prior convictions occurred, the driver’s level of impairment, and the degree to which other people were involved in the impaired driving incident.

Regardless of conviction history, a Florida DUI will result in the driver serving twelve months of probation and fifty hours of community restitution, as well as undergoing a substance use evaluation, with the potential for mandatory attendance at a treatment program.

Any DUI offense will also result in the vehicle in question being impounded for between ten and ninety days, depending on the number of previous offenses. More specifically:

• A first conviction will result in a ten-day impound
• A second conviction will result in a thirty-day impound
• A third conviction will result in a ninety-day impound

The remaining penalties for your DUI offense will also depend on how many prior convictions you have.

First Offense

A first DUI conviction in Florida carries potential consequences of¹:

• Between $500 and $1,000 in fines
• Up to six months in prison

The above penalties apply if the driver’s blood alcohol content (BAC) exceeds 0.08% or if the driver has otherwise impaired faculties. If the driver’s BAC exceeds 0.15% or if the driver is accompanied by a minor under the age of 18 at the time of the offense, the penalties are different, as detailed below:

• Between $1,000 and $2,000 in fines
• Up to nine months in prison

A higher BAC or accompaniment by a minor would also require the driver to install an Interlock Device on their vehicle for a period of six months. Additionally, a first offense will include between 180 and 365 days of license suspension. If you fail to follow this, there are also Ignition Interlock violation penalties in Florida you should be aware of.

Second Offense

A second DUI conviction carries penalties of:

• Between $1,000 and $2,000 in fines
• Up to nine months imprisonment
• Mandatory installation of an Ignition Interlock Device for one year on any vehicles owned or leased by the driver

Again, a BAC in excess of 0.15% or the presence of a minor during the commission of the DUI are aggravating factors and create the potential for stricter penalties:

• Between $2,000 and $4,000 in fines
• Up to twelve months in prison

A second conviction with a 0.15% or higher BAC or accompanied by a minor will result in an Ignition Interlock Device installation requirement of two years and a license suspension of 180 days to five years depending on recency of the first offense.

Third Offense

A third conviction within ten years qualifies as a third-degree felony. Penalties include²:

• A fine of between $2,000 and $5,000
• Up to five years imprisonment, with a mandatory thirty days jail time
• Two years of having an Ignition Interlock Device installed on the vehicle

A third DUI outside of the ten-year window does not qualify as a felony. This misdemeanor charge carries possible penalties of:

• A fine of between $2,000 and $5,000
• Up to twelve months imprisonment
• Two years with an Ignition Interlock installed on the vehicle

For either a felony or misdemeanor third DUI conviction, the presence of aggravating factors like higher BAC and minor involvement increase the minimum fine from $2,000 to $4,000.³

A third conviction of a DUI will also result in a license suspension of between 180 days and more than ten years, depending on recency of previous convictions.

Fourth or Subsequent Offense

Regardless of when the fourth conviction occurs in relation to previous offenses, it will result in a third-degree felony. The penalties are the same as those for a felony third conviction, with the exception of:

• A five-year Ignition Interlock period
• The potential for permanent driver’s license revocation

Other Sentencing Considerations

In instances where a driver’s license is revoked, the driver may apply for a hardship license if driving is necessary for work or school purposes. A hardship license requires completion of a DUI school program and use of an Ignition Interlock Device.⁴

Other situations that may result in adjusted sentencing include:

• If the DUI causes property damage or some amount of injury to a person, it will be charged as a first-degree misdemeanor conviction, which carries a penalty of a $1,000 fine and up to a year of jail time.
• If the DUI causes serious bodily injury, it will result in a third-degree felony conviction and carry a fine of up to $5,000 and a prison sentence of up to five years.
• If the DUI involves a crash resulting in the death of a person or unborn child, the driver may be charged with a second-degree felony and DUI manslaughter or vehicular homicide. This conviction carries a minimum sentence of four years in prison and a maximum of fifteen, as well as up to $10,000 in fines.
• If the driver is aware of the crash in the instance of a DUI manslaughter and fails to inform authorities or render aid, it becomes a first-degree felony.¹ This can result in up to thirty years in prison, as well as a maximum $10,000 fine.

What Level Felony is a Felony DUI in Florida?

As described above, a DUI can result in a felony conviction in Florida if:

• It’s the driver’s third conviction in a ten-year period
• It’s the driver’s fourth or subsequent conviction
• It results in serious bodily injury
• It results in death, qualifying as DUI manslaughter or vehicular homicide

A third, fourth, or subsequent DUI conviction are third-degree felonies. DUI manslaughter and vehicular manslaughter are second-degree felonies. If the driver is aware of the crash and fails to inform authorities or render aid, it becomes a first-degree felony.

How Long Does a Felony DUI Stay on Your Record in Florida?

A DUI will stay on your record for seventy-five years in the state of Florida, with no chance for expungement.⁵

However, a second DUI is only subject to increased penalties if committed within five years of the first. Similarly, a third DUI is only subject to felony-level penalties if committed within ten years of the last.

However, after three DUIs, the penalties will be the same for this felony conviction.

Choose Smart Start for Your Ignition Interlock Solutions

If you’ve been convicted of a DUI, you may be required to install an Ignition Interlock Device in your vehicle. When it comes to Florida Interlock providers, Smart Start is the best option. Here’s why:

• Unparalleled experience – We’ve been in the business for over 30 years and have helped over one million customers complete their sentences.
• Easy-to-use interface – Smart Start’s sleek design makes it easy to provide a breath result and return to driving safely.
• A commitment to accuracy – We make sure to provide you with accurate Breath Alcohol Content (BrAC) readings to help you complete your Ignition Interlock requirement.

We also offer affordable pricing options and 24/7 customer support so that you can smoothly coast to the end of your involvement with the legal system.

Reach out today to learn how we can help you or to book your Interlock installation.

Sources:

1. Florida State Legislature. The 2023 Florida Statutes § 316.193 Driving under the influence; penalties. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html
2. Florida State Legislature. The 2023 Florida Statutes § 775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.082.html
3. Forbes Advisor. Florida DUI Laws (2023 Guide). https://www.forbes.com/advisor/legal/dui/florida-dui-laws/
4. Florida Highway Safety and Motor Vehicles. Florida DUI and Administrative Suspension Laws. https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/
5. Forbes Advisor. How Long Does a DUI Stay on Your Record? https://www.forbes.com/advisor/legal/dui/how-long-does-dui-stay-on-record/