If you are pulled over and arrested for DUI, it is vital to understand your situation’s seriousness. Moreover, based on the nature and the severity of your driving under the influence charge, your DUI may either be classified as a misdemeanor or felony. A DUI becomes a felony if you have prior convictions on your records or caused an accident leading to severe injury or death to others.
When Is DUI Considered a Misdemeanor?
A first-degree offense DUI is considered a misdemeanor in Florida. Such offenses carry fines of $500 to $1,000 and can result in a maximum of six months of jail time. Usually, your driving license will be suspended for six months. If you do not want to submit to chemical testing, your license will be suspended for a year.
A second offense is also considered a misdemeanor, and your license will be suspended for five years if it had been suspended within the past five years as a result of your first DUI conviction. For second offenses, you may receive a minimum ten-day jail sentence and a maximum of nine months. Other penalties include fines of $1,000 to $2,000 and an ignition interlock device for at least one year.
A third DUI offense is also a misdemeanor if the previous two convictions were more than ten years ago. However, if at least a conviction was within ten years, your DUI will be considered a third-degree felony. As a result, your license will be suspended for at least ten years, and a minimum of 30 days jail sentence to a maximum of five years in prison.
When Is DUI Considered a Felony in Florida?
If your first and second DUI charges are categorized as a felony, you may have caused a severe injury or death. There are several ways that driving under the influence charges can be classified as felonies in Florida:
- If you are charged with a third DUI offense within ten years of a previous DUI conviction.
- If you are charged with a fourth DUI offense, you will face a felony charge.
- If you cause serious bodily injury to someone, you might be charged with felony DUI and may need to pay restitution to the victim.
- If you cause the death of someone or an unborn child, you may be charged with DUI manslaughter, which is a second degree-felony with severe consequences. Such an offense is punishable by a maximum of 15 years of jail time and fines up to $10,000 or, in some cases, both.
If you are charged with driving under the influence, the state’s case against you will be strong, and unfortunately, your conviction is inevitable. That is why having a legal team on your side to negotiate a plea bargain for reduced or another sentencing is vital. Nonetheless, do not accept a plea if you are innocent, but insist on your right to a jury trial. After all, a DUI conviction will devastate your future, finances, and family.
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