Typically, a first DUI conviction is a misdemeanor. However, certain circumstances can elevate it to a felony, increasing the penalties. If you are facing a DUI charge in Florida, seek legal counsel to explore defenses or negotiate sentencing.
At Fletcher & Fletcher, our husband-and-wife team of criminal defense attorneys provides compassionate representation, guiding you through every step of the legal process.
In this blog, we’ll explore when a DUI becomes a felony in Florida and offer insights to help you understand this complex issue. Knowing Florida’s DUI laws, along with compassionate support from a seasoned DUI lawyer, is crucial for anyone facing a felony DUI charge.
What Does a Felony Charge in Florida Mean?
In Florida, a felony is any offense that can result in a sentence exceeding 365 days in county jail. These charges are much more serious than misdemeanors, as they come with harsher penalties and can significantly impact a person’s life.
Factors That Make DUI Charges a Felony in Florida
A DUI in Florida can be charged as a felony under specific conditions. Here are factors that influence how a DUI charge in Florida can escalate into a felony:
1. Third DUI Within 10 Years
A third DUI offense within ten years of the prior convictions is typically charged as a third-degree felony in Florida. Here’s what you need to know:
- Penalties: This can lead to up to five years in prison, five years of probation, and a fine of up to $5,000.
- License Revocation: Your driver’s license can be revoked for up to ten years.
- Mandatory Rehabilitation: You may be required to attend a substance abuse treatment program and complete community service hours
2. Fourth DUI Offense
A fourth DUI offense, regardless of the time frame between convictions, is charged as a felony. This is because repeat offenses indicate a pattern of dangerous behavior.
- Penalties: This can result in up to five years in prison, significant fines, and long-term probation.
- Permanent License Revocation: Your driver’s license can be permanently revoked, with no option for a hardship license.
- Impact: A felony record can severely impact employment opportunities, housing options, and civil rights, including the right to vote and own firearms.
3. DUI Involving Serious Bodily Injury
If any DUI results in serious bodily injury to another person, it is charged as a third-degree felony. Serious bodily injury is defined as an injury that creates a substantial risk of death, causes serious disfigurement, or results in the loss or impairment of the function of any bodily member or organ.
- Penalties: You can face up to five years in prison and fines up to $5,000.
- Restitution: You may be required to pay restitution to the injured party for medical expenses and other losses.
- Impact on Victims: The court considers the severity of injuries and the impact on the victim’s life when determining penalties.
4. DUI Manslaughter
DUI Manslaughter is one of the most severe DUI charges and occurs when a DUI results in the death of another person. This is classified as a second-degree felony, and in some cases, it can be elevated to a first-degree felony.
- Penalties: A second-degree felony can result in up to 15 years in prison, while a first-degree felony can lead to up to 30 years or life in prison.
- Fines: Fines can range up to $10,000.
- Permanent Record: A conviction for DUI manslaughter will be on your permanent record, significantly affecting your future.
Overview of Penalties for a DUI Felony Charge
Understanding the consequences of a felony DUI charge in Florida is crucial. Here’s what you need to know:
Probation
Probation is often included in the sentence for a felony DUI conviction. Conditions may include:
- Regular check-ins with a probation officer
- Attendance at DUI school, community service, and
- Participation in substance abuse counseling or treatment programs
Violating probation terms can lead to additional penalties, including imprisonment.
Other Potential Punishments
- Driver’s License Revocation: A felony DUI conviction can result in a long-term or permanent revocation of the driver’s license.
- Ignition Interlock Device: The court may require the installation of an ignition interlock device (IID) on the offender’s vehicle for a specified period.
- Vehicle Impoundment: The court may order the impoundment or immobilization of the offender’s vehicle.
- Community Service: The court may impose many community service hours as part of the sentence.
- Alcohol or Drug Treatment Program: Attendance at a mandatory alcohol or drug treatment program is often required.
- Criminal Record: A felony conviction results in a permanent criminal record, affecting future employment opportunities, housing, and personal relationships.
An experienced criminal defense or DUI lawyer in Florida can help you smoothly navigate the legal system, answer your questions regarding your case, negotiate penalties, build a strong defense, and advocate on your behalf in court.
How a Florida DUI Attorney Can Help
An experienced Florida criminal defense attorney practicing in DUI understands the possible defenses against DUI charges, including:
- Illegal Stop: Contesting the legality of the traffic stop, such as arguing a DUI checkpoint violated your constitutional rights or that the officer lacked reasonable suspicion.
- Illegal Search: Asserting that any evidence found during an unauthorized search of your vehicle or person is inadmissible in court.
- Inadequate Field Sobriety Testing: Challenging the validity of field sobriety tests by arguing inadequate officer training or that medical conditions affected your performance.
- Incorrect Breathalyzer Results: Disputing breathalyzer results by alleging improper administration, machine calibration issues, or residual mouth alcohol.
A DUI conviction, whether misdemeanor or felony, can have lifelong consequences. A Florida criminal defense lawyer, like Rick and Jenna Fletcher, can work to have the charges dropped or reduced and negotiate probation instead of jail time, with the possibility of securing an acquittal at trial.
Contact Our Florida Criminal Defense Attorneys at Fletcher & Fletcher Today
While the best way to avoid DUI charges is not to drink and drive, it’s important to be prepared if you or a loved one is ever charged. Knowing the laws and working with an attorney can help you navigate this stressful time.
Fletcher & Fletcher has a team of experienced attorneys with a successful track record in handling DUI cases. Our dedication to achieving favorable outcomes ensures top-notch legal representation.
If you’re facing a felony DUI charge in Florida, act quickly and seek help from our skilled attorneys at Fletcher & Fletcher. We offer free consultations at 727-746-5865 and serve different cities in Pinellas County, Florida. Protect your rights and future by contacting us today!
