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Jeffrey S. Weiner, P.A. Jeffrey S. Weiner, P.A.
Available 24/7 305-985-6640

When Is DUI A Felony in Florida?

young male driver holding a beer in one hand and steering wheel in the other hand

After a DUI arrest in Florida, you could face a misdemeanor or felony charge. Let’s go over the difference and what you can expect based on the factors of your case.

Misdemeanor DUI Charges in Florida

Generally, most standard first and second DUI offenses will remain at the misdemeanor level.

A first offense DUI is punishable by:

  • A fine of $500-$2,000
  • Mandatory community service hours
  • Driver’s license suspension
  • Up to six months in jail

For a second offense, these penalties increase slightly and the period of your license suspension may be extended.

Felony DUI Charges in Florida

If you are arrested for a third DUI offense in Florida, you will be charged with a felony. However, it’s important to note that this is only applicable for a third offense within 10 years of your first offense. For example, if you were most recently convicted of DUI in 2011 or earlier, your newest DUI offense will not be considered a third offense. It will be regarded as your first.

Additionally, you could face felony charges if your DUI resulted in an accident causing property damage, injury, or death. If the accident was a hit-and-run, that could result in a separate charge and enhanced penalties.

Felony DUI in Florida is punishable by:

  • Up to $5,000 in fines
  • Up to one year in jail
  • Driver’s license suspension
  • Permanent loss of driver’s license
  • Mandatory ignition interlock device use

The potential fines and jail time will likely increase if the felony DUI involves an accident.

DUI Defense in Miami

Whether you are facing misdemeanor or felony charges, you should enlist the assistance of an experienced DUI defense team. At Jeffrey S. Weiner, P.A., we will be aggressive advocates on your behalf throughout your case. Discuss your charge with us today by calling (305) 985-6640 or click here and a member of our team will reach out shortly to set up a consultation.