Understanding Felony DUI in Florida
Yes, DUI can be charged as a felony in Florida if certain factors are present. In this article, the Tallahassee, FL, DUI defense lawyers at Luke Newman, P.A. will discuss when DUI is charged as a felony in Florida.
When is DUI charged as a felony in Florida?
The vast majority of DUIs are charged as misdemeanors. Chances are, if this is your first DUI, you’ll face misdemeanor charges. However, Florida law allows DUI to be charged as a felony under specific circumstances. If you’ve been arrested for DUI in Tallahassee, it’s important to know whether you are being charged with a felony or a misdemeanor.
DUI can be charged as a felony under the following scenarios:
- Multiple DUI convictions – More is never better when it comes to DUI. The more convictions you have, the greater the escalation of the charges. If you have been convicted of two or more previous DUI offenses, your third offense (if it occurred within 10 years of your last offense) can be charged as a felony.
- DUI manslaughter – If you caused the death of another driver, a pedestrian, or a passenger while under the influence of drugs or alcohol, you can be charged with DUI manslaughter. DUI manslaughter is considered a second-degree felony unless you flee the scene of the accident, in which case it’s charged as a first-degree felony. DUI manslaughter has a mandatory minimum sentence of 4 years in state prison.
- DUI causing serious bodily injury – If you seriously injure another driver, passenger, or pedestrian while under the influence of drugs or alcohol, you can be charged with a third-degree felony. Serious bodily injury is defined as any injury that creates a substantial risk of death or results in significant physical impairment.
- DUI with property damage – DUI with property damage is its own separate charge. While typically a misdemeanor, it can also be charged as a felony if the property damage was significant.
- DUI with a minor in the vehicle – While typically charged as a misdemeanor, DUI with a minor in the vehicle can also be charged as a felony should specific aggravating factors be present. Any individual under the age of 18 is considered a child for the purposes of this law.
- DUI in a school zone – DUI in a school zone or on school property carries harsher penalties than a standard DUI.
- Driving with a suspended or revoked license – If you are charged with DUI, had your license suspended or revoked, and were arrested again for DUI, the charges can be upgraded to a felony.
Facing a felony charge for DUI in Florida is no fun. You will need a strong defense to the charges and an experienced attorney who can handle your case.
Talk to a Tallahassee, FL Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of individuals who are facing DUI charges in Tallahassee. Call our Tallahassee criminal lawyers today to schedule an appointment and learn more about how we can help.
