One of the most common questions I’m asked as a St. Petersburg DUI Attorney is, “Is a DUI a felony?"
In short, it depends.
There are different factors involved in determining whether your DUI will be considered a misdemeanor or a felony.
Let’s discuss the Conviction Penalties in the State of Florida for DUI.
• 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 and/or 5 years imprisonment)”
In Florida law, there are 3 Degrees of Felony offenses. Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony, or of habitual/violent felony, as stated in s.775.084, F.S.
Well, if you’ve been involved in a felony DUI you could face:
• Up to 5 years in jail
• A fine up to $5,000
• Payment of Victim Restitution
This is why it’s extremely important to hire a DUI attorney that understands and will explain the process to you completely. In some cases, your DUI felony can be expunged or sealed if you’ve not been convicted.
The Denson Firm has been representing citizens of St. Petersburg, FL for over 10 years. We represent people accused of misdemeanor and felony DUI. So, if you’ve been involved in a DUI and need an experienced DUI attorney to represent your case, call us today at 727-896-7000 to schedule for your free consultation.