Felony DUI in Florida: When a DUI Becomes a Felony Charge

Florida handles many DUI cases as misdemeanors, but four situations make a DUI a felony: a third conviction within 10 years of a prior one, any fourth or later DUI, a DUI causing serious bodily injury, and DUI manslaughter.

The four routes to a felony DUI charge

Two routes depend on history. A third DUI conviction within 10 years of a prior conviction is a third degree felony, and a fourth or later DUI is a third degree felony regardless of when the earlier convictions happened.

The other two depend on harm. A DUI that causes serious bodily injury is a third degree felony even with no prior record. A DUI that results in a death is charged as DUI manslaughter, a second degree felony, which becomes a first degree felony if the driver failed to give information or render aid.

How felony degrees set the sentencing range

Florida sets maximum penalties by degree. A third degree felony carries up to 5 years in prison and a $5,000 fine. A second degree felony carries a 15 year maximum and a $10,000 fine, and a first degree felony up to 30 years and $10,000.

Within those limits, felony sentencing uses the Criminal Punishment Code scoresheet, a structured worksheet that accounts for the offense and the person's history. Some felony DUI charges also carry minimum mandatory terms: 30 days in jail for a third DUI within 10 years, and 4 years in prison for DUI manslaughter.

What felony status changes outside the courtroom

A felony conviction carries consequences beyond the sentence. Firearms are one example: under F.S. 790.23, possession of a firearm by a convicted felon is itself a second degree felony. That rule applies to a person with any felony conviction, including one for DUI.

Felony status can also weigh more heavily than a misdemeanor in employment, professional licensing and other areas. Those effects depend on the employer, agency or board involved, so they are worth raising with the right professional. And like every DUI conviction, a felony DUI cannot be sealed or expunged.

Where a felony DUI defense review starts

A felony DUI case raises the questions found in any DUI, such as whether the stop was lawful and whether testing followed the rules, plus questions about the felony element itself. For a repeat offense, that means verifying each prior conviction and its date. For an injury case, it means examining how serious the injury was and how the crash happened.

Discovery, depositions and motions to suppress are available in these cases as in any criminal case. DUI Lawyers Shield Firm reviews felony DUI charges in a free case review.

Keep reading

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

FAQ

Yes, when it involves serious bodily injury or a death. A DUI with serious bodily injury is a third degree felony and DUI manslaughter is a second degree felony, regardless of whether the driver has any prior record. Without injury or death, a first DUI is not one of the felony categories.

It can. Under F.S. 790.23, possession of a firearm by a convicted felon is a second degree felony, and that applies to a felony DUI conviction as it does to other felonies. Questions about restoring rights or about federal rules go beyond this article and need individual advice.

It depends on the evidence. The state has to establish the felony element, such as a qualifying prior conviction or the seriousness of an injury, and the defense can examine whether it can. Any resolution as a lesser charge is never automatic and depends on the facts of the case.

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