Driving Under the Influence (DUI) is a serious offense in Florida, carrying significant penalties that can drastically impact a person's life. The state differentiates between misdemeanor and felony DUI offenses based on several factors, resulting in varying levels of penalties. This article explores the key distinctions between misdemeanor and felony DUIs in Florida, relevant statutes, and frequently asked questions on the topic.
Understanding DUI in Florida
According to Florida Statute 316.193, a person is guilty of DUI if they are in control of a vehicle and have a blood-alcohol level of 0.08% or more, or if their normal faculties are impaired due to the influence of alcoholic beverages, chemical substances, or controlled substances.
The gravity of a DUI charge in Florida, whether it's categorized as a misdemeanor or a felony, primarily depends on the offender's prior convictions, the severity of the incident, and the potential harm caused to others.
Misdemeanor DUI in Florida
Typically, first and second DUI offenses within a span of five years are classified as misdemeanors in Florida. However, this classification can change based on the circumstances surrounding the offense.
First Offense - A first DUI offense is generally classified as a second-degree misdemeanor. If convicted, an individual can face penalties including a fine ranging from $500 to $1,000, imprisonment for up to six months, probation for up to one year, up to 50 hours of community service, vehicle impoundment, and completion of a DUI substance abuse course.
Second Offense - A second DUI offense within five years of the first is considered a first-degree misdemeanor. It carries harsher penalties, including a fine ranging from $1,000 to $2,000, imprisonment for up to nine months (or mandatory imprisonment of at least ten days if within five years of the first), and license suspension for a minimum of five years.
Felony DUI in Florida
A DUI offense can be elevated to a felony under specific circumstances:
Third Offense - A third DUI offense within ten years of a prior conviction is classified as a third-degree felony. The penalties include a fine of up to $5,000, imprisonment for up to five years, and a minimum ten-year license revocation.
Fourth or Subsequent Offense - A fourth or subsequent DUI offense, regardless of when the previous convictions occurred, is also considered a third-degree felony. It carries similar penalties as the third offense.
DUI Manslaughter - If a DUI incident results in the death of another person, it is classified as DUI manslaughter, a second-degree felony under Florida Statute 316.193(3)(c)(3), carrying a penalty of up to 15 years in prison.
DUI Manslaughter/Leaving the Scene - A driver who commits DUI manslaughter and fails to render aid or provide information (leaving the scene) commits a first-degree felony. This crime carries a penalty of up to 30 years in prison.
DUI with Serious Bodily Injury - If a DUI incident causes serious bodily injury to another person, it is classified as a third-degree felony. Penalties can include up to five years in prison and up to $5,000 in fines.
Frequently Asked Questions
What's the main difference between a misdemeanor and a felony DUI in Florida?
The difference between a misdemeanor and a felony DUI in Florida primarily lies in the severity of the offense and the penalties imposed. While first and second offenses are generally misdemeanors, a third offense within ten years or a fourth or subsequent offense can be felonies. DUIs resulting in serious injury or death are also classified as felonies.
Can a misdemeanor DUI be upgraded to a felony in Florida?
Yes, even a first or second DUI can be upgraded to a felony if there are aggravating circumstances, such as causing serious bodily injury or death.
What are the long-term consequences of a felony DUI in Florida?
A felony DUI can result in long-term consequences, including a permanent criminal record, difficulty securing employment or housing, loss of certain civil rights (like voting or firearm possession), and increased penalties for future DUI or criminal offenses.
Can I get a felony DUI expunged from my record in Florida?
In most cases, a felony DUI cannot be expunged from your record in Florida. However, specific conditions might allow for sealing of the record. Consulting with an experienced DUI defense attorney can provide clarity on this issue.
What should I do if I'm charged with a felony DUI in Florida?
If you're charged with a felony DUI, it's crucial to consult with an experienced DUI defense attorney as soon as possible. They can guide you through the legal process, defend your rights, and work to secure the best possible outcome in your case.
How can a DUI attorney help in my case?
A DUI attorney can help in numerous ways, from challenging the legality of the traffic stop to questioning the accuracy of breathalyzer results or the validity of field sobriety tests. The attorney can also negotiate with the prosecution for a lesser charge or sentence and represent you in court if the case goes to trial.
Can a felony DUI charge be reduced to a misdemeanor?
In some cases, it may be possible to have a felony DUI charge reduced to a misdemeanor, especially if there are issues with the evidence or if it's a borderline case, such as a third offense barely within the ten-year look-back period. However, this typically requires the skills of an experienced DUI attorney.
Does a DUI conviction affect my credit score?
While a DUI conviction itself doesn't affect your credit score, indirect consequences such as fines or court fees, if left unpaid, can be sent to a collections agency, which can negatively impact your credit score.
Can a DUI conviction affect my child custody rights?
The classification of a DUI offense in Florida as a misdemeanor or felony has profound implications on the penalties one might face. Given the severe consequences of a DUI conviction, particularly a felony, it's crucial to seek experienced legal representation when facing these charges. This article provides a general overview, but for advice tailored to your specific circumstances, please consult a professional DUI defense attorney.
The Impact of a DUI Conviction
Beyond the immediate penalties outlined by Florida law, a DUI conviction, whether misdemeanor or felony, can have a broad range of long-term consequences.
Insurance - Following a DUI conviction, individuals often experience a significant increase in their auto insurance rates. Insurance companies see those convicted of a DUI as high-risk drivers. In some cases, an insurance company may even choose to cancel a policy following a DUI conviction.
Employment - Employment prospects can be affected by a DUI conviction. Employers routinely perform background checks on potential employees, and a DUI conviction, particularly a felony, can adversely impact job prospects in certain industries.
Professional Licensing - Certain professions that require licensing, such as medicine, law, teaching, and commercial driving, may have stipulations that a license can be denied or revoked if the licensee is convicted of a felony, including a DUI.
Strategies for Defending against a DUI Charge
Given the serious implications of a DUI conviction, it's essential to mount a vigorous defense if charged. Below are some strategies a defense attorney might use.
Challenging the Traffic Stop - Law enforcement must have a valid reason, or "probable cause," to make a traffic stop. If the defense can prove that the officer lacked probable cause to make the initial traffic stop, any evidence gathered during the stop, including breathalyzer or field sobriety test results, may be deemed inadmissible in court.
Questioning the Breathalyzer Results - Breathalyzer machines must be maintained and calibrated correctly to provide accurate results. An attorney may question the maintenance records of the device, potentially casting doubt on the accuracy of the results.
Challenging Field Sobriety Tests - As discussed earlier, field sobriety tests can be subjective and influenced by a variety of factors, such as the individual’s health conditions or the environment in which the tests were conducted. A skilled attorney can question the validity of these tests in court.
Importance of Legal Representation
If you're facing a DUI charge, seeking the help of a qualified attorney specializing in DUI defense is crucial. Navigating the complexities of the legal system can be challenging, and having someone familiar with the laws, procedures, and potential defenses can significantly affect the outcome of your case.
A DUI conviction can potentially affect child custody rights, particularly in cases of felony DUI. The court always considers the best interests of the child, and a felony conviction could raise concerns about a parent's ability to provide a safe environment.
In summary, understanding the difference between a misdemeanor and a felony DUI in Florida is crucial for anyone facing these serious charges. The consequences go beyond legal penalties and can affect many aspects of an individual's life. Legal representation is key to navigating these charges, as the nuances of each case can significantly influence the outcome.
Free Consultations Offered 24/7 at 1-888-484-5057
If you or someone close to you is facing DUI charges in Florida, don't hesitate to contact Musca Law, P.A. for your free consultation. Our firm has a network of 30 offices spread out throughout Florida - from the Florida Keys to Jacksonville to the Panhandle - our highly acclaimed law firm specializes in DUI defense. Our team of skilled and experienced Florida DUI Defense Attorneys is ready and willing to assist you in constructing a strong DUI defense. We understand the urgency of your situation; so, we offer free consultations around the clock. Make that critical call today, dial 1-888-484-5057. We are at your service 24/7, eager to help you navigate these challenging times.