A Florida DUI Defense Attorney Can Help You Fight for Reduced Charges, Reduced Penalties, or Case Dismissal

If you were arrested for DUI in Florida, one of the first questions you probably asked yourself was simple, but terrifying, “Is this a felony, or is it a misdemeanor?” That question matters more than most people realize. A misdemeanor DUI can still be life-changing, but a felony DUI can follow you for the rest of your life, affecting your job opportunities, housing, professional licensing, gun rights, and even your ability to travel.

I want you to know something right away, you cannot safely guess the answer based on what an officer said at the roadside, or what a friend told you, or what you read in a random online forum. In Florida, whether a DUI is charged as a misdemeanor or felony depends on specific facts, including prior convictions, timing, injuries, and whether the state believes the DUI caused serious harm.

As your Florida DUI Defense Attorney, I focus on two goals immediately:

  • First, I determine what level of DUI the state can legally charge.

  • Second, I build a defense strategy aimed at beating the DUI charge, reducing it, or limiting the damage as much as possible.

Below, I will break down how Florida classifies DUI cases, what statutes apply, what penalties you may be facing, and what defenses may apply to protect you.

The Florida DUI Statute That Controls Most Cases

Most DUI charges are prosecuted under Florida Statute § 316.193.

Florida Statute § 316.193, DUI Defined

This statute is the main law that defines DUI in Florida and sets out penalties. In general terms, Florida law allows the state to charge DUI if a person is driving or in actual physical control of a vehicle while:

  • Under the influence of alcohol or certain substances to the extent their normal faculties are impaired, or

  • Having a blood alcohol level or breath alcohol level of 0.08 or higher

That sounds straightforward, but the punishment level, misdemeanor or felony, depends on what else is alleged in the case.

This is why a private attorney matters in every DUI case. The state’s charging decision is not always fair, and it is not always supported by strong evidence. My job is to challenge the case from the beginning, not accept the prosecutor’s first version of the story.

The Quick Answer, Most Florida DUIs Start as Misdemeanors

In Florida, many DUI arrests are filed as misdemeanors, especially:

  • First DUI

  • Second DUI

  • Some third DUIs, depending on timing

But there are important exceptions where the state can file the case as a felony, even if you never expected it.

The most common ways a DUI becomes a felony are:

  • The DUI is a third DUI within 10 years

  • The DUI is a fourth DUI, regardless of timing

  • The DUI involves serious bodily injury

  • The DUI involves a death, DUI manslaughter

  • The DUI is charged with other felony-level allegations

A private attorney matters because once the state files a felony DUI, the pressure increases fast. Prosecutors take a harder stance, judges impose stricter conditions, and the consequences can multiply. You need a defense plan designed to fight back immediately.

Florida Misdemeanor DUI vs Felony DUI, Why the Difference Matters

The difference between misdemeanor and felony DUI is not just about the label. It affects:

  • Jail exposure

  • Probation length and strictness

  • Fines and court costs

  • Driver’s license revocation periods

  • Ignition interlock requirements

  • Your criminal record, long-term consequences

  • How employers and licensing boards treat the case

A misdemeanor DUI can still cause serious harm to your future, but a felony DUI can shut doors permanently.

That is why I treat every DUI case as a major legal problem, even when the charge looks “standard” at first glance.

First DUI in Florida, Almost Always a Misdemeanor

A first DUI in Florida is typically filed as a misdemeanor.

Even as a misdemeanor, the penalties can still include:

  • Jail time exposure

  • Probation

  • DUI school

  • Community service

  • Fines and costs

  • License suspension

  • Possible ignition interlock depending on facts

Enhancements That Make a First DUI More Severe

Even on a first offense, the state may pursue higher penalties if it alleges:

  • A breath alcohol level or blood alcohol level of 0.15 or higher

  • A minor in the vehicle

  • A crash with property damage or injury

Those factors do not automatically make it a felony, but they can increase punishment.

A private attorney matters because a first DUI can often be fought effectively, especially when the stop was questionable, the field sobriety exercises were flawed, or the breath test process was not handled correctly.

Second DUI in Florida, Usually a Misdemeanor, But Punishment Increases

A second DUI is typically still a misdemeanor, but penalties increase.

A second DUI can involve:

  • Higher fines

  • Greater jail exposure

  • Longer license suspension or revocation consequences

  • Vehicle impoundment requirements

  • Ignition interlock device requirements in some cases

A private attorney matters here because prosecutors often treat a second DUI like proof you “did not learn your lesson.” That attitude does not help you, and it does not prove guilt. I focus on the evidence, the legality of the stop, and whether the state can prove impairment beyond a reasonable doubt.

Third DUI in Florida, This Is Where Felony Risk Becomes Real

A third DUI is where many people first face a felony DUI charge.

Under Florida Statute § 316.193, a third DUI can be charged as a felony if the state alleges it occurred within a certain timeframe of a prior DUI conviction.

Third DUI Within 10 Years, Often a Felony

If your third DUI is within 10 years of a prior DUI conviction, it can be charged as a third-degree felony.

That matters because felony DUI exposure can include:

  • Prison exposure, not just county jail

  • Felony probation

  • Long-term license revocation

  • Serious consequences for employment and background checks

A private attorney matters because the 10-year timing issue must be verified carefully. I check:

  • Exact conviction dates

  • Whether the prior cases were DUI convictions under Florida law

  • Whether the records are accurate

  • Whether the state can prove identity and admissibility

I do not assume the prosecutor’s timeline is correct.

Third DUI Outside 10 Years, Often a Misdemeanor

If the third DUI is outside the 10-year window, it may be charged as a misdemeanor, but it is still prosecuted aggressively.

A private attorney matters because misdemeanor does not mean easy. On a third DUI, prosecutors often demand harsh penalties even when they are not mandatory.

Fourth DUI in Florida, Almost Always a Felony

A fourth DUI is typically charged as a felony in Florida, regardless of when the prior DUIs occurred.

This is where the state often pushes for:

  • Significant incarceration

  • Long license revocation periods

  • Strict probation

  • Mandatory programs and monitoring

A private attorney matters because once a fourth DUI is filed, prosecutors often treat it as a public safety priority. That means you need a defense plan built for litigation, not just negotiation.

DUI With Serious Bodily Injury, Felony DUI Under Florida Law

Florida treats DUI cases involving serious bodily injury as felony offenses.

The statute often used is Florida Statute § 316.193(3), which addresses DUI involving injury and more serious harm.

What Florida Considers Serious Bodily Injury

In general terms, serious bodily injury can involve injuries that are:

  • Significant

  • Long-lasting

  • Permanent

  • Causing major impairment

These cases are often charged as felonies because the state claims the DUI caused the injury.

A private attorney matters because injury cases often involve complicated questions such as:

  • Who caused the crash

  • Whether the injury was actually caused by the alleged impairment

  • Whether the state can prove impairment beyond a reasonable doubt

  • Whether medical records support the severity claimed

In many cases, DUI injury allegations become the state’s way of blaming the driver automatically, even when other factors caused the crash.

DUI Manslaughter, A Felony With Life-Altering Consequences

DUI manslaughter cases are among the most serious DUI charges in Florida.

Florida’s DUI manslaughter law is addressed under Florida Statute § 316.193(3)(c).

In general terms, the state may allege DUI manslaughter when:

  • A person was driving under the influence, and

  • A crash occurred, and

  • Someone died as a result

These cases carry severe penalties, including prison exposure and long-term license consequences.

A private attorney matters because these cases require immediate investigation. Evidence can disappear quickly, and the state’s reconstruction narrative can become “locked in” unless the defense acts fast.

DUI With Property Damage or Minor Injury, Usually a Misdemeanor, But Still Dangerous

Not every crash DUI becomes a felony.

In Florida, DUI with property damage or minor injury is often a misdemeanor, but it can still create:

  • Additional charges

  • Increased penalties

  • Civil liability concerns

  • Insurance problems

A private attorney matters because crash cases often involve statements and assumptions that can be challenged. I look for:

  • Fault issues

  • Road conditions

  • Weather factors

  • Other drivers’ actions

  • Whether the stop and investigation were lawful

How Prosecutors Decide to File a Felony DUI

Prosecutors do not always file charges based purely on fairness. They file based on what they believe they can prove, and what pressure they want to apply.

Common reasons prosecutors push felony DUI include:

  • Prior record and timing

  • Alleged injuries

  • High BAC allegations

  • Media attention in the county

  • Aggressive enforcement policies

A private attorney matters because I am not there to accept their first offer. I am there to challenge the foundation of the case and force the state to justify the charge level.

The State Must Prove More Than You Think

Even if you were arrested, the state still has to prove the DUI case beyond a reasonable doubt.

That includes proving:

  • The stop was lawful

  • The officer had probable cause

  • The testing was reliable

  • You were impaired while driving, or at 0.08 or higher

  • Prior convictions qualify for enhancement, if applicable

A private attorney matters because DUI cases are built on human decisions, and humans make mistakes. Video evidence often tells a different story than the report.

Common Defenses That Can Reduce or Defeat a Florida DUI

Defenses depend on the facts, but common defenses include:

Illegal Stop Defense

If the officer lacked a valid legal reason to stop you, evidence may be suppressed.

Weak Probable Cause

Even if the stop was lawful, the arrest may not have been.

Field Sobriety Test Problems

Field sobriety exercises can be unreliable due to:

  • Injuries

  • Anxiety

  • Poor lighting

  • Weather

  • Confusing instructions

Breath Test or Blood Test Issues

Testing can be challenged based on:

  • Improper observation period

  • Mouth alcohol contamination

  • Calibration or maintenance issues

  • Operator errors

  • Rising BAC timing issues

Actual Physical Control Issues

Some people are arrested while parked or not actively driving. These cases can be defensible.

A private attorney matters because defenses must be built through:

  • Bodycam review

  • Dashcam review

  • Dispatch logs

  • Breath machine records

  • Cross-examination strategy

  • Motion practice

Real Life Case Example, How I Won a DUI Case That Looked Like a Felony Risk

A client came to me after a DUI arrest where the state was considering filing the case aggressively due to prior history. The client was terrified the case would become a felony and that they would lose their job.

The officer’s report claimed:

  • Erratic driving

  • Strong odor of alcohol

  • Poor performance on roadside exercises

  • A breath test number that supposedly “confirmed” impairment

When I obtained the evidence, the case changed:

  • The dashcam footage did not support the alleged erratic driving.

  • The officer’s instructions during the roadside exercises were inconsistent and rushed.

  • The client had a documented medical condition affecting balance.

  • The timeline raised issues about whether the test truly reflected driving impairment.

I filed motions challenging the stop and the arrest basis, and I prepared the case for litigation.

Result, we achieved a significantly better outcome than the state’s first position, and we prevented the case from turning into the life-altering outcome the client feared.

That is what private defense does, it changes the direction of the case early.

Why You Need a Private Attorney to Fight for Reduced Charges or Dismissal

If you are asking whether your DUI is a felony or misdemeanor, you are already thinking about your future. You should be.

A private attorney helps because I can:

  • Identify felony enhancement issues immediately

  • Challenge the stop and arrest

  • Attack breath, blood, and field sobriety evidence

  • Push for reduction to lesser charges when appropriate

  • Fight for dismissal when the evidence is weak

  • Protect your license and your ability to work

You do not want to wait until the state locks in a harsh charging decision.

FAQs About Felony vs Misdemeanor DUI Charges

Is a first DUI a felony in Florida?
A first DUI is almost always charged as a misdemeanor in Florida, but that does not mean it is minor. A first DUI can still involve jail exposure, probation, fines, license suspension, and long-term consequences. In some cases, the state will push for harsher penalties if it claims a high BAC or a minor in the vehicle, but those factors usually increase punishment rather than changing the charge to a felony. A Florida DUI Defense Attorney can review the stop, the investigation, and the testing to fight for reduced penalties or dismissal, especially when the evidence does not hold up.

When does a Florida DUI become a felony?
A Florida DUI can become a felony based on prior convictions and timing, or based on harm caused. A third DUI within 10 years of a prior conviction is often charged as a third-degree felony. A fourth DUI is typically a felony regardless of timing. A DUI involving serious bodily injury can be charged as a felony, and DUI manslaughter is also a felony. The difference matters because felony convictions can affect employment, housing, and professional licensing for years. A Florida DUI Defense Attorney can challenge enhancement, fight the evidence, and work to reduce the charge when possible.

Is a third DUI always a felony in Florida?
No, a third DUI is not always a felony. It often depends on whether the third DUI is within 10 years of a prior DUI conviction. If it is within that window, the state may file it as a felony. If it is outside the window, it may be filed as a misdemeanor, but it is still prosecuted aggressively. This is why you need a Florida DUI Defense Attorney to verify dates and prior case records, because timing issues and proof problems can change the entire case.

Is DUI with property damage a felony in Florida?
DUI with property damage is often charged as a misdemeanor in Florida, but it still increases the seriousness of the case. A crash can lead to additional charges, increased penalties, and major civil liability concerns. Prosecutors may also treat the case more harshly because they believe a crash shows dangerous driving. A Florida DUI Defense Attorney can investigate fault, challenge the DUI evidence, and fight for a reduction or dismissal when the state cannot prove impairment beyond a reasonable doubt.

Can a DUI be reduced from a felony to a misdemeanor in Florida?
In some cases, yes. Whether a DUI can be reduced depends on the facts, the strength of the evidence, and the legal basis for felony enhancement. If the felony classification is based on timing or prior convictions, the defense may be able to challenge whether the state can legally prove enhancement. If the felony is based on injury allegations, the defense may challenge causation, fault, or the severity of injuries. A Florida DUI Defense Attorney fights to reduce charges by exposing weaknesses in the state’s case and negotiating from a position of strength.

Should I hire a lawyer even if my DUI is only a misdemeanor?
Yes. A misdemeanor DUI can still result in jail time, license suspension, probation, fines, and a permanent criminal record. It can also affect your insurance and employment. The best time to hire a Florida DUI Defense Attorney is immediately after arrest, because early action can preserve video evidence, challenge the stop, and attack testing reliability before the state builds momentum. Even when a case looks “standard,” defenses may exist that lead to a better outcome than you expect.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.