Felony DUI Lawyer | Florida Defense

Which DUI charges are felonies in Florida?

Florida treats a DUI as a felony in these situations. A third DUI within 10 years of a prior conviction is a third degree felony. A fourth or later DUI is a third degree felony no matter how much time has passed. DUI with serious bodily injury is a third degree felony. A DUI involving a death is charged as DUI manslaughter, a second degree felony.

Third degree felonies carry up to 5 years in prison and a $5,000 fine. Second degree felonies carry a 15 year maximum and a $10,000 fine, and DUI manslaughter adds a 4 year minimum mandatory prison sentence. If the driver failed to give information or render aid, DUI manslaughter becomes a first degree felony, which carries up to 30 years.

How sentencing works once a DUI is a felony

Felony sentences in Florida are worked out with the Criminal Punishment Code scoresheet. Because the scoresheet affects the sentencing range, checking each entry for accuracy is a routine part of felony DUI work, especially where prior convictions are listed.

Courts cannot withhold adjudication on a DUI, so a plea or verdict of guilty on a felony DUI results in a felony conviction. That matters well beyond the sentence. Possession of a firearm by a convicted felon is a separate second degree felony under F.S. 790.23, and a felony conviction can also affect employment and professional licenses.

Evidence that drives a felony DUI case

The core questions are the same as in any DUI: whether the stop was lawful, whether impairment or a 0.08 level can be shown, and whether testing followed the rules. Crash cases add more. Blood tests are used in some cases, such as when a breath test is not possible, and the collection, handling and lab procedures can be reviewed. Scene evidence, vehicle damage and witness accounts often become central to what caused the crash.

For repeat offense felonies, the records of the prior convictions are part of the evidence. Their dates and accuracy are checked, because the felony label depends on them.

The early stages of a felony DUI case

After arrest, booking and either bond or a first appearance before a judge usually happen within 24 hours. The administrative license track begins at the same time through DHSMV, with 10 days to request a formal review hearing. Discovery then brings in the state's reports, test records and video, and Florida allows depositions of witnesses in criminal cases.

DUI Lawyers Shield Firm offers a free case review for felony DUI charges and explains the specific charge, the possible penalties and the available defense options in plain terms.

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

Questions about felony DUI

Sometimes the evidence supports a different resolution, and a DUI may in some cases be resolved as a lesser charge. That is never automatic and depends on the facts, the strength of the evidence and the prosecutor's position. In a repeat offense case, problems with the records of a prior conviction can matter, and in a crash case, the evidence about the injuries and the cause of the crash can matter.

It can. Because courts cannot withhold adjudication on a DUI, a plea or verdict of guilty on a felony DUI results in a felony conviction. Florida makes possession of a firearm by a convicted felon a second degree felony under F.S. 790.23. That is one reason the full consequences of any felony plea are reviewed before a decision is made.

A third DUI within 10 years, a fourth or later DUI, and DUI with serious bodily injury are third degree felonies with a maximum of 5 years. DUI manslaughter, where a death results, is a second degree felony with a 4 year minimum mandatory prison sentence and a 15 year maximum. It becomes a first degree felony if the driver failed to give information or render aid.

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