Driving Under the Influence (DUI) is a serious offense in Florida, with severe penalties that can significantly affect your life. The state classifies DUIs as either misdemeanors or felonies, depending on several factors, which leads to varying degrees of consequences.
At Fletcher & Fletcher, our experienced criminal defense attorneys defend individuals accused of DUI in Florida. Our combined experiences as a husband-and-wife team of criminal defense attorneys leverage extensive knowledge of the law to build robust defenses for our clients, considering all legal angles.
This blog outlines how DUIs in Florida can be classified as misdemeanors, detailing the relevant laws, penalties, other important considerations, and the importance of having a compassionate DUI lawyer by your side.
Understanding DUI in Florida
Under Florida Statute 316.193, a person commits a DUI if they are operating a vehicle with a blood-alcohol level of 0.08% or higher or if their ability to drive is impaired by alcohol, chemicals, or controlled substances.
The severity of a DUI charge in Florida—whether it is treated as a misdemeanor or a felony—depends mainly on the number of the offender’s previous convictions, the seriousness of the incident, and any harm that could have been caused to others.
What Makes a DUI a Misdemeanor in Florida?
In most cases, the first and second driving under the influence (DUI) charge in Florida is considered a misdemeanor. “Under the influence” is determined by measuring the blood alcohol content (BAC) in a person’s bloodstream.
According to Florida Statute § 877.111, a DUI charge can result from any substance, not just alcohol. The legal intoxication limit is 0.08% BAC. However, penalties become more severe if a person’s BAC exceeds 0.15%. For a first DUI offense with a BAC of 0.15% or higher, it is classified as a “standard DUI” offense.
Typically, first and second DUI offenses in Florida are misdemeanors. However, if these offenses result in bodily injury or death, they are likely to be charged as felonies.
Penalties for a Misdemeanor DUI in Florida
Many people pulled over for a DUI in Florida spend a night in jail. Conditions for DUI charges:
- Release Conditions: You won’t be released for at least eight (8) hours following your arrest or until your BAC is under 0.02%.
- Bondable Offense: a DUI is a bondable offense in Florida, allowing you to post bail and be released until your court appearance.
The class of a DUI misdemeanor and its penalties depend on factors like whether it was your first offense and your BAC at the time of arrest.
Typically, first and second DUI offenses within five years are classified as misdemeanors in Florida. However, this classification can change based on the circumstances surrounding the offense.
First Offense
A first-offense DUI is generally a second-degree misdemeanor, with penalties including:
- A fine of $500-$1,000
- Up to six months in jail
- Probation up to one year
- 50 hours of community service
- Vehicle impoundment
- DUI course completion
Second Offense
A second-offense DUI is considered a first-degree misdemeanor if it occurs within five years of the first offense. Its penalties include:
- A fine of $1,000-$2,000
- Up to nine months in jail (mandatory ten days if within five years of the first)
- License suspension for a minimum of five years
What’s the Main Difference Between a Misdemeanor and a Felony DUI in Florida?
In Florida, the distinction between a misdemeanor and a felony DUI primarily depends on the severity of the offense and the associated penalties.
First and second DUI offenses are typically misdemeanors. Additionally, DUIs that result in serious injury or death are also considered felonies.
- A fine of $1,000-$2,000
- Up to nine months in jail (mandatory ten days if within five years of the first)
- License suspension for a minimum of five years
Can Multiple DUI Misdemeanors Lead to a Felony?
Yes, multiple DUI misdemeanors can eventually result in a felony charge. Specifically:
- Third DUI Within 10 Years: A third DUI offense within ten years is typically charged as a third-degree felony.
- Fourth DUI Offense: Any fourth or subsequent DUI offense is a felony, regardless of the time elapsed between offenses.
How Can a DUI Attorney Help in My Case?
If you are facing a DUI charge in Florida, consulting an attorney is crucial. Here’s why:
- Navigating the Legal System: A criminal defense attorney can help you understand the charges and the legal process.
- Building a Defense: Experience DUI lawyers with an excellent track record in defending clients can help you build a strong defense to reduce or potentially dismiss the charges. They can challenge the legality of the traffic stop by questioning the accuracy of breathalyzer results or the validity of field sobriety tests.
- Negotiating Penalties: The DUI attorney can also negotiate with the prosecution for a lesser charge or sentence and represent you in court if the case goes to trial.
Your DUI attorney will effectively use the law to determine if your rights were violated during the arrest and testing process. They can work to reduce your penalties, potentially resulting in significantly less jail time and a smaller fine, and help you retain your driver’s license.
Contact Fletcher & Fletcher Florida DUI Attorneys Today
A Driving Under the Influence (DUI) charge, wherever you are in Florida, even if it’s your first, can significantly impact your life, affecting employment prospects, your ability to drive, and even your freedom. An experienced criminal defense lawyer will help answer your questions and work towards reducing the punishment for your DUI, even if it’s not your first offense.
At Fletcher & Fletcher, our skilled attorneys, Rick and Jenna Fletcher, are dedicated to providing the best defense possible. Contact us today at 727 746-5865.
