Is a DUI a Felony in Florida? 

Driving under the influence (DUI) is a serious offense in Florida that can have life-altering consequences, especially when it causes accidents and injuries. A DUI conviction not only impacts the driver but also the victims who may be left with physical, emotional and financial troubles. 

According to the Florida Highway Safety and Motor Vehicles (FLHSMV), a DUI involves driving with impairment due to alcohol, chemical substances, or controlled substances, or having a blood alcohol concentration (BAC) of .08 or higher. 

Can a DUI be a Misdemeanor in Florida? 

Yes, a DUI can be classified as a misdemeanor in Florida per Florida Statute 316.193, specifically for first and second offenses. However, the circumstances of the incident can change how a DUI is classified. 

If it’s your first DUI, it’s generally considered a second-degree misdemeanor. The penalties can include: 

• A fine of $500 to $1,000,
• Up to six months in jail, 
• Probation for up to a year, 
• 50 hours of community service,
• Vehicle impoundment, 
• And the completion of a DUI substance abuse course. 

A second misdemeanor DUI in Florida within five years of the first is treated more seriously as a first-degree misdemeanor. Penalties include: 

• A fine between $1,000 and $2,000,
• Up to nine months in jail (with at least ten days of mandatory jail time if it’s within five years of the first offense), 
• And a minimum five-year license suspension. 

When Does a DUI Lead to Felony Charges in Florida? 

In Florida, a DUI usually starts as a misdemeanor; however, certain situations can turn it into a felony charge per Florida Statute 316.193. Situations can include repeat offenders, driving with a minor, or if the DUI causes serious injury or death. 

Repeat Offenses 

If you’ve been convicted of a DUI before, getting arrested for another one within five years leads to tougher penalties. This includes: 

• Longer drivers license suspension,
• Larger fines,
• More mandatory jail time.

If it’s your third DUI within ten years, it can be classified as a third-degree felony. This charge could lead to more serious consequences like a possible prison sentence. 

Serious Bodily Injury or Death

When a DUI results in serious bodily injury, it’s classified as a third-degree felony in Florida, as defined under Section 316.193(3) of the Florida Statutes. The penalties can include up to five years in prison or five years of probation, along with a $5,000 fine. Also, the person convicted will likely be required to pay restitution to the victim to cover their losses. 

According to the Florida Criminal Punishment Code, a DUI with serious bodily injury is a Level 7 offense, which starts with 56 points. If the victim’s injuries are considered “severe,” an extra 40 points can be added. In total, this can result in a sentencing score of 96 points, which translates to a mandatory minimum prison sentence of a little over 4 years. 

For DUI manslaughter, the charge is raised to a second-degree felony. A conviction can result in up to 15 years in prison and a $10,000 fine. Under Florida Statute 921.0022, DUI manslaughter is classified as a Level 8 offense. Based on the sentencing guidelines, the minimum prison sentence for DUI manslaughter is just under 10 ½ years. This is unless the court grants a departure from these guidelines. 

Driving with a Minor Passenger

If you’re convicted of a DUI while driving with a minor passenger, the penalties are much harsher. For a first-time offense, fines range from $1,000 to $2,000, and you could face up to nine months in jail. Fines for a second conviction range between $2,000 and $4,000 and up to one year in jail. On a third conviction, the minimum fine increases to $4,000. 

In addition, if you’re eligible for a restricted license or your driving privileges are reinstated, the court will require you to purchase and install an ignition interlock device on every vehicle you own. This device must stay in place for at least six months after the first offense and at least two years after a second offense. You will also face the standard penalties for a DUI. If the minor is injured in the accident, the consequences can be even more serious. 

Personal Injury Claims in DUI-Related Accidents

If you have been injured in a DUI-related accident, you may be entitled to compensation for your losses. These claims can cover both economic and non-economic damages, and in some cases, punitive damages if the driver is exceedingly reckless. 

Types of Compensation Available 

Economic damages cover the direct financial costs resulting from the accident. These damages compensate for losses such as: 

• Lost wages due to time off work
• Decreased earning capacity if you’re unable to return to your previous job
• Necessary medical expenses, including hospital bills and rehabilitation
• Property damage to your vehicle or other personal property
• Funeral expenses in the event of a fatal accident

Non-economic damages address the more personal and emotional impacts of the accident. These damages are more subjective but can be significant. They include: 

• Pain and suffering caused by the injuries
• Disability or physical impairment
• Disfigurement or scarring
• Decreased quality of life, especially if the injuries affect your daily activities
• Loss of companionship or consortium, particularly if the injuries affect relationships
• Emotional anguish and trauma from the accident

Punitive damages may be awarded in cases where the drunk driver acted with extreme recklessness, such as having a BAC far over the legal limit or driving with children in the car. In Florida, Statute 768.73 limits punitive damages to either three times the amount of compensatory damages awarded or $500,000 whichever is greater. 

Proving Negligence in a DUI Personal Injury Case

In order to succeed in a DUI personal injury case, it’s important to prove that the driver was negligent. This means showing that the driver’s actions were reckless or irresponsible and led to the accident, resulting in your injuries. 

A key piece of evidence is proving that the driver was under the influence of alcohol or drugs at the time of the accident. This can be proven through: 

• Police reports
• Results from breathalyzer or blood tests showing a BAC over the legal limit
• Witness statements

Showing that the driver violated traffic laws is another piece of evidence that can help prove negligence in your case. This can include: 

• Speeding or reckless driving
• Running red lights or stop signs
• Failing to yield or follow traffic signals

You must also show that the driver’s actions directly caused the accident. Evidence that can show this include: 

• Accident reconstruction reports
• Skid marks or damage to vehicles
• Surveillance footage or photographs

Lastly, you will need to prove that the accident caused your injuries and losses. This can be supported with: 

• Medical records
• Testimonies from doctors or healthcare providers
• Bills or receipts for medical expenses, lost wages, and other losses

How Fine, Farkash & Parlapiano, P.A. Can Help

If you or a loved one has been injured in a DUI-related accident, the experienced personal injury attorneys at Fine, Farkash & Parlapiano, P.A. are here to help. We understand the emotional, physical, and financial toll these accidents can take, and we are committed to fighting for the compensation you deserve. 

Don’t wait to get the support you need. Contact our Gainesville drunk accident lawyer today for a free consultation, and let us help you take the next step toward recovery. 

Sources: 

Florida DUI and Administrative Suspension Laws | Florida Highway Safety and Motor Vehicles 

316.193 Driving under the influence; penalties | The Florida Legislature 

Florida Criminal Punishment Code | The Supreme Court of Florida 

921.0022 Criminal Punishment Code; offense severity ranking chart | The Florida Legislature 

768.73 Punitive damages; limitation | The Florida Legislature 

Jack Fine

Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.