Driving under the influence (DUI) is a serious crime. Is a DUI a felony in Lake Mary? Under some circumstances, a DUI offense can constitute a felony punishable by over a year of imprisonment. Understanding the scenarios that can lead to felony DUI charges is essential for anyone accused of this offense.
A criminal traffic defense attorney from The Ticket Fighter Law Firm fights DUI cases to seek a fair resolution. Below, you will learn about the situations where prosecutors can file felony DUI charges and the defenses a DUI defense attorney can assert.
Is Driving Under the Influence a Felony in Florida or Usually a Misdemeanor?
Drivers may violate Florida’s DUI law in two ways. First, a DUI happens when a driver is in actual physical control of a vehicle and under the influence of any of the following:
- Alcohol
- Chemical substance that is inhaled
- Controlled substances, including illegal drugs and prescription medications
“Under the influence” means that the intoxicant has impaired the person’s normal faculties. For example, a person’s impairment may include the following:
- Uncoordinated movements
- Slowed reactions
- Altered perceptions of distances and speeds
- Poor judgment
- Difficulty processing information
Second, a DUI can occur when someone is in actual physical control of a vehicle with a blood alcohol level at or over the legal limit. The legal limit in Florida is 0.08 grams of alcohol per 100 milliliters of blood or 0.08 or more grams of alcohol per 210 liters of breath.
DUI is a wobbler charge. A violation can be charged as a misdemeanor, particularly for those without a prior conviction for DUI. However, special circumstances can justify felony charges, based on the offender’s prior record and the outcome of any DUI accident.
A DUI offense is punished as a misdemeanor in the following circumstances:
First, Second, or Third DUI Offense
A first or second offense without any special circumstances is charged as misdemeanor DUI. A first conviction is punishable by a fine of $500 to $1,000 and up to six months in jail. A second DUI conviction carries criminal penalties, including a fine of $1,000 to $2,000 and up to nine months in jail.
Can a DUI be a felony in Florida for a third violation? A third offense may be a felony or misdemeanor, depending on the time since the prior conviction. Under Florida law, if the third offense occurs more than ten years after the prior conviction, the offense is a first-degree misdemeanor punishable by a fine of $2,000 to $5,000 and up to 12 months in jail.
Conversely, a third DUI felony in Florida occurs when the time between the second and third offenses is less than ten years.
High Blood Alcohol Level or Child Passenger
Drivers can face enhanced misdemeanor DUI charges when they have a blood alcohol level of 0.15% or higher. Prosecutors can also seek enhanced charges if the driver has a passenger under 18 in the vehicle when they are stopped.
DUI Accident With Property Damage or Bodily Injury
Is a DUI a felony if you crash your vehicle? If a driver causes an accident that only damages property or causes minor injuries, prosecutors can file first-degree misdemeanor DUI charges.
When Does a DUI Offense Become a Felony in Lake Mary?
When does a DUI become a felony in Florida? DUI felony is charged under the Florida Statutes in the following situations:
- Multiple prior DUI convictions
- DUI accident causing serious bodily injury
- DUI manslaughter
Under DUI felony laws in Florida, a felony is punishable by over one year of imprisonment.
How Do Prior DUI Convictions Affect Felony Classification?
Is a third DUI a felony in Florida? A third conviction for DUI can become a felony if it occurs within ten years of a prior conviction. When is DUI a felony in Florida for more than three offenses? The fourth or subsequent DUI conviction is a third-degree felony regardless of when the prior offenses occurred.
How many DUIs before it becomes a felony in Florida? The statute defines a prior conviction to include convictions under another state’s laws, federal laws, or military laws.
Thus, suppose you received your first DUI conviction in a court-martial, a second conviction in Georgia, and a third conviction in Alabama. If you are convicted, prosecutors will argue that it is your fourth DUI conviction and an automatic repeat DUI felony in Florida.
What Makes DUI Manslaughter Different From a Standard DUI?
Can a first DUI be a felony in Florida? Yes, if the driver causes an accident that kills someone.
DUI manslaughter occurs when the driver’s operation of the motor vehicle causes the death of any human being or unborn child. This offense is a second-degree felony. However, it can be increased to a first-degree felony in two circumstances.
First, it can be increased when the driver knowingly commits a hit and run. Second, prosecutors can pursue first-degree felony charges if the driver has a prior conviction for any of the following offenses:
- DUI manslaughter
- Boating under the influence (BUI) manslaughter
- Vehicular homicide
- Vessel homicide
A first-degree felony is the most serious offense under Florida law.
What Happens When a DUI Crash Causes Serious Bodily Injury?
Is DUI a felony in Florida when the driver injures someone? A DUI that causes a serious bodily injury is a third-degree felony. Florida’s traffic laws define “serious bodily injury” to include any of the following health conditions:
- An injury that creates a substantial risk of death
- Serious disfigurement, such as amputation, burns, or scars
- An injury involving the functional loss or impairment of a body part or organ
Injury severity is evaluated by medical professionals.
What Are the Penalties for a Felony DUI in Florida?
Florida felony DUI penalties depend on the offense. A felony conviction for having a third DUI within ten years of a prior DUI conviction is punishable by a fine of up to $5,000 and imprisonment for up to five years. Thus, your first DUI felony in Florida could land you in prison for up to five years.
Similarly, a DUI accident that causes a serious bodily injury is a third-degree felony punishable by a fine of up to $5,000 and imprisonment for up to five years. The sentence for a fourth or subsequent DUI includes a fine of $2,000 to $5,000 and a prison sentence of up to five years.
What is the penalty for felony DUI in Florida that causes a death? DUI manslaughter is a second-degree felony, with a potential sentence of up to 15 years in prison and a fine of up to $10,000. If the driver also committed a hit and run or had a prior conviction for a fatal drunk driving or drunk boating accident, the offense is a first-degree felony.
The punishment for this offense includes up to 30 years of imprisonment and a fine of up to $10,000. In either case, the sentence must include a minimum mandatory imprisonment of at least four years.
How Is a Felony DUI Case Handled After an Arrest?
When you are stopped for suspicion of DUI, the officer will investigate whether you are intoxicated. They may ask you to take a breath or urine test. They may also request a field sobriety test. Based on the outcome of this investigation, the officer may arrest you.
Upon arrest for DUI, the arresting officer will transport you to jail. Once you are booked and placed in a holding cell, you cannot be released from custody until at least one of the following is satisfied:
- Your normal faculties have returned
- Your blood or breath alcohol level is below 0.05%
- You have been held for at least eight hours
If your case goes to trial, the prosecution will present the evidence against you, including the police officer’s testimony and any test results. You and your attorney can present defenses that poke holes in the prosecution’s case or present alternative explanations for what happened.
The prosecution must prove that you committed DUI beyond a reasonable doubt to obtain a conviction. If your defenses raise any reasonable doubts, a jury must acquit you.
Separately, your license is at risk. If your blood or breath alcohol level was 0.08 or higher, or if you refused to take a test, the officer will take your license.
You have 10 days after having your license taken to request a hearing with the Florida Highway Safety and Motor Vehicles (FLHSMV) Department. If you do not prevail at a hearing, your license could be suspended for up to a year, even if you are not convicted of DUI.
Can a Felony DUI Charge Be Reduced or Dismissed?
Charges may be dismissed if you have strong defenses. For example, you might have proof that officers mistook a medical condition or injury, such as a concussion, for intoxication. Alternatively, you might have evidence that you were a passenger, not the driver.
If your DUI felony charges in Florida are not dismissed, your lawyer can propose a plea deal for misdemeanor charges. Specifically, prosecutors may be willing to reduce your charges to a misdemeanor in exchange for a guilty plea.
Contact The Ticket Fighter Law Firm to Discuss Your DUI Arrest With a DUI Defense Attorney
Is a DUI a felony? Yes, a felony DUI in Florida can result in a lengthy prison sentence and a felony criminal record. Contact us to discuss what makes a DUI a felony in Florida and how we can protect your freedom and reputation.