DUI Felony in Florida
When Does a DUI Become a Felony in Florida?
If you’re facing drunk driving charges in Florida, you may be wondering: is a DUI a felony in Florida? While most first and second DUIs are misdemeanors, certain circumstances can elevate a DUI to a felony with severe consequences. At Russo Law & Advocacy, Dominique Russo defends clients across Florida against DUI charges, fighting to protect their driving privileges and freedom.
Under Florida Statute § 316.193, a DUI felony in Florida can result from:
✔ Third or subsequent DUI conviction within 10 years
✔ DUI causing serious bodily injury
✔ DUI manslaughter
✔ DUI with minor in the vehicle
How Many DUIs for a Felony in Florida?
The question of how many dui for felony classification depends on timing and circumstances:
Third DUI Within 10 Years
- 3rd-degree felony
- Up to 5 years in prison
- Mandatory 10-year license revocation
- Minimum 30-day vehicle impoundment
Fourth or Subsequent DUI
- 3rd-degree felony (regardless of timing)
- Enhanced penalties for each additional offense
- Permanent criminal record
Jail Time for Felony DUI in Florida
The jail time for felony dui varies significantly based on the specific offense:
DUI with Serious Bodily Injury
- 3rd-degree felony
- Up to 5 years in prison
- Mandatory minimum 4-year driver’s license revocation
DUI Manslaughter
- 2nd-degree felony
- Up to 15 years in prison
- Mandatory permanent driver’s license revocation
- Minimum 4-year prison sentence if convicted
DUI Manslaughter with Failure to Render Aid
- 1st-degree felony
- Up to 30 years in prison
- Permanent criminal record
Additional Penalties for Felony DUI Convictions
Beyond prison time, a DUI felony in Florida carries severe additional consequences:
Financial Penalties
- Fines ranging from $2,000 to $10,000
- Court costs and prosecution fees
- Investigation and lab fees
- Vehicle impoundment costs
Long-Term Consequences
- Permanent felony record
- Difficulty finding employment
- Increased insurance rates (or policy cancellation)
- Loss of professional licenses
- Immigration consequences for non-citizens
Defenses Against Felony DUI Charges
An experienced DUI defense attorney can challenge felony charges by arguing:
✅ Illegal Traffic Stop – No reasonable suspicion for the stop
✅ Inaccurate Breathalyzer Results – Machine calibration or operator error
✅ Rising Blood Alcohol Defense – BAC was below legal limit while driving
✅ Medical Conditions – Health issues mimicking intoxication
✅ Violation of Rights – Improper police procedures during arrest
FAQs About Felony DUI in Florida
1. Is a DUI a felony in Florida?
Most first and second DUIs are misdemeanors, but third offenses within 10 years and DUIs involving injury or death are felonies.
2. How many DUIs until it’s a felony in Florida?
The third DUI within 10 years becomes a felony, though a fourth DUI is always a felony regardless of timing.
3. What is the jail time for felony DUI?
Jail time for felony DUI ranges from 5 years for a third DUI to 30 years for DUI manslaughter with failure to render aid.
4. Can a felony DUI be reduced to a misdemeanor?
In some cases, yes—through skilled negotiation or by challenging the evidence against you.
5. Do you handle cases throughout Florida?
Yes. We serve all Florida counties, including:
- Miami-Dade County (Miami, Coral Gables, Hialeah)
- Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
- Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
Facing Felony DUI Charges? Get Defense Help Now
If you’re charged with a DUI felony in Florida, don’t risk your future. Contact Dominique Russo at Russo Law & Advocacy for a free consultation. We serve clients across Florida, including:
📍 Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
📍 Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
📍 Miami-Dade County (Miami, Coral Gables, Hialeah)
“A felony DUI doesn’t have to ruin your life. We fight to protect your driving privileges and your freedom.”
