When Does a Drunk Driving Charge Become a Felony in Florida?

July 12, 2025

Understand the Key Circumstances That Can Turn a DUI Into a Felony and How to Protect Yourself

If you're facing DUI charges in Florida, it's natural to wonder whether your case is a misdemeanor or something more serious. Many DUI cases in Florida are filed as misdemeanors, but there are several situations where a DUI charge becomes a felony, and the penalties go from costly to potentially life-altering. I've defended hundreds of people accused of drunk driving across Florida, and I can tell you from firsthand experience that the difference between a misdemeanor and a felony DUI charge often comes down to specific details that need to be addressed early in the case.

If you're facing possible felony DUI charges, you need a private attorney who can act quickly, review the details of your case, and begin preparing your defense. These charges can carry long prison sentences, permanent loss of driving privileges, and felony records that never go away. The stakes are high, and timing is everything.

The Difference Between Misdemeanor and Felony DUI in Florida

Florida law makes most first and second DUI offenses misdemeanors, provided no one was injured or killed. However, under Florida Statute § 316.193, certain aggravating factors can elevate a DUI from a misdemeanor to a felony. Here's what the statute says:

Florida Statute § 316.193(2)(b)

"Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree."

Florida Statute § 316.193(3)

"Any person who causes serious bodily injury to another as a result of operating a vehicle while under the influence commits a felony of the third degree."

Florida Statute § 316.193(3)(c)(3)

"A person who, by reason of such operation, causes the death of any human being or unborn child commits DUI manslaughter, a felony of the second degree."

These are some of the most common felony-level DUI charges filed in Florida.

Third DUI Within 10 Years: Automatic Felony

If you are arrested for a third DUI offense within a 10-year window of a prior DUI conviction, Florida law automatically elevates the charge to a third-degree felony. This means you are facing:

Up to 5 years in state prison
A 10-year driver's license revocation
Mandatory ignition interlock
Thousands of dollars in fines
A permanent felony conviction

Even if the third offense involved no crash, injury, or extremely high BAC, the simple fact that it's a third DUI within ten years is enough to escalate the case. That's why private legal representation is so important. I work with clients early to obtain police reports, dashcam footage, and prior court records to evaluate whether prior convictions can be challenged or excluded.

Fourth or Subsequent DUI: Felony No Matter When It Occurs

Under Florida Statute § 316.193(2)(b)(3), a fourth or subsequent DUI conviction is a felony, even if the prior offenses occurred more than ten years ago. Prosecutors only need to prove that you've had three previous DUI convictions in your lifetime.

Unlike some other states, Florida does not allow an unlimited lookback period to be challenged easily. So even a DUI from decades ago in another state could come back to haunt you.

I've successfully challenged out-of-state DUI priors and disqualified them from being used to enhance the charge. That's not something a court-appointed attorney always has the time to do. As a private lawyer, I take the time to research old court records, compare statutes, and identify procedural flaws that could work in your favor.

DUI Involving Serious Bodily Injury

If someone is seriously injured in a DUI-related crash, the case becomes a felony under Florida Statute § 316.193(3). The prosecution must prove that:

You were under the influence
You caused a crash
That crash resulted in "serious bodily injury"

The statute defines serious bodily injury as one that creates a substantial risk of death, serious disfigurement, or loss of bodily function. This charge is a third-degree felony, with penalties including:

Up to 5 years in prison
Restitution to the injured party
Mandatory license suspension
Permanent felony record

These cases are very fact-dependent. Causation is often the key issue. Just because a person was hurt does not mean you caused the injury. As your attorney, I may bring in accident reconstruction experts or challenge the field sobriety tests and breathalyzer results to weaken the prosecution's claim.

DUI Manslaughter: Felony of the Second Degree

The most serious DUI charge is DUI Manslaughter under § 316.193(3)(c)(3). If a person dies as a result of a crash you were involved in while impaired, you could face:

Up to 15 years in prison
A minimum mandatory sentence of 4 years
$10,000 fine
Permanent revocation of your license

If you fled the scene after the crash, it becomes a first-degree felony, with up to 30 years in prison. These cases are often built on circumstantial evidence, and mistakes made at the scene can lead to life-changing charges.

Real Case Example: Felony DUI Reduced to Reckless Driving

One of my clients in Fort Myers was charged with felony DUI after a rear-end crash that resulted in a passenger's broken arm. It was the client's third DUI, and the state was pushing for prison time. The client had failed the roadside tests and refused the breathalyzer.

We began by obtaining medical records to evaluate the alleged "serious bodily injury." After consulting with an orthopedic surgeon, we built a case that the injury was not severe enough to meet the legal threshold under the statute. At the same time, I challenged the legality of the traffic stop and the officer's basis for probable cause.

Before trial, I presented this information to the prosecutor, along with our intention to file a motion to suppress the roadside tests. The State agreed to drop the felony and reduce the charge to misdemeanor reckless driving. The client avoided jail, kept his license, and did not end up with a felony conviction.

These outcomes are only possible when you act quickly and retain an attorney who has the time and resources to build a defense. If we hadn't investigated the medical records and challenged the officer's report, the client could've gone to prison.

Common Defenses to Felony DUI Charges

Felony DUI cases are defensible, but only if your attorney thoroughly evaluates every aspect. Some of the most effective strategies include:

Challenging Prior Convictions

Sometimes prior DUIs can't be used to enhance a charge because they were missing key legal protections like legal counsel or proper warnings.

Disputing Causation in Crashes

Even if alcohol was involved, the prosecution must prove you caused the injury or death. Mechanical failures, road hazards, or other drivers can shift that blame.

Attacking Breath or Blood Test Results

Improper maintenance of the breathalyzer machine or failure to follow blood draw protocols can invalidate test results.

Suppressing Evidence

If the stop, arrest, or search violated your constitutional rights, we can file motions to suppress critical evidence, weakening the State's case.

Why You Need a Private DUI Defense Attorney

Felony DUI cases move fast, and the consequences are severe. A court-appointed lawyer may have dozens of cases and limited access to expert witnesses, accident reconstructionists, and forensic specialists. I've had clients come to me after arraignment with no understanding of what's really at stake.

When you hire my firm, I immediately take control of the case. I gather the dashcam footage, request discovery, challenge the initial stop, and begin building a timeline that favors your defense. Prosecutors know which defense lawyers are serious about trial and which ones aren't. I prepare every case as if it's going to trial, and that gives us leverage in negotiations.

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 30 office locations in Florida and serve all counties in Florida.

Florida Felony DUI Frequently Asked Questions (FAQs)

Can my DUI be a felony even if no one was injured?

Yes. If it's your third DUI within 10 years, or your fourth DUI at any time, Florida law classifies it as a felony even if there was no accident or injury. This is based on your prior record, not just the facts of the current arrest.

How does the State prove serious bodily injury in a DUI case?

Prosecutors rely on medical records, witness statements, and expert testimony to show that someone suffered a significant injury. As your attorney, I often review medical records with a private doctor to see whether the injury truly qualifies under the legal definition.

What is the sentence for DUI Manslaughter in Florida?

DUI Manslaughter is a second-degree felony carrying up to 15 years in prison, with a mandatory minimum of four years. If you fled the scene, it becomes a first-degree felony, which can mean up to 30 years. These charges carry life-altering consequences and require aggressive legal defense from the very beginning.

Can I still drive if I'm charged with felony DUI?

Your license will be suspended, but you may be eligible for a hardship license depending on your record. In some cases, an ignition interlock device may be required. I file for administrative review hearings to protect your driving privileges as early as possible.

Will a felony DUI conviction stay on my record forever?

Yes. In Florida, felony DUI convictions cannot be sealed or expunged. That's why fighting the charge from day one is critical. Avoiding a conviction altogether is often the only way to protect your future.

Do I have to submit to a breath or blood test?

Florida's implied consent law means refusing a breath or blood test can result in an automatic license suspension. However, that refusal can also be used against you in court. Each case is different, and I evaluate whether the refusal can be challenged or suppressed.

How can a private attorney help me avoid a felony conviction?

I can evaluate your prior convictions, challenge how they were counted, and look for legal errors that could disqualify them. In some cases, I negotiate reduced charges, or argue that the injuries don't meet the threshold for felony classification. This level of attention isn't available from a public defender who may have limited resources.

What if I wasn't driving but was sitting in the car while intoxicated?

You can still be charged under Florida law if you are in actual physical control of the vehicle, even if it's parked. But this charge can often be challenged if the car wasn't running or you didn't have the keys. We've beaten cases with this defense before.