When is a DUI a Felony?

One of the most common questions I get asked as a Pinellas DUI Attorney is , "Is a DUI a Felony?". Lets discuss the Conviction Penalties in Florida for Driving Under the Influence.

Florida Law 316.193 (3), F.S. Says a DUI is a Misdemeanor when: "Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment)."

Florida Law 316.193 (2),(3) F.S. Says a DUI is a Felony when: "Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment)."

Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony, or if habitual/violent felony offender as provided in s. 775.084, F.S.

The conviction of Felony DUI does not happen until your 3rd DUI within 10 years, as long as no serious bodily injuries or deaths occurred. In Florida law there are Five Degrees of Felony offenses. As we mentioned DUI is a Third Degree Offense, which means you could be in jail for up to 5 years, pay a fine of up to $5,000, and pay Victim Restitution if needed.

This is why it is extremely important to hire a DUI attorney that understands the current Florida laws, and will explain the process to you completely. In some cases your DUI felony can be expunged or sealed, if you have not been convicted.

The Denson Firm has been representing citizens of Pinellas County Florida for over 10 years. We represent people accused of misdemeanor and felony DUI. Please do not hesitate to call us at 727-896-7000 with any DUI questions.