Is a DUI a Felony in Florida?
Understanding DUI Charges in Florida
If you’ve been arrested for driving under the influence (DUI) in Florida, you may wonder: “Is a DUI a felony?” The answer depends on your prior record and case details. At Russo Law & Advocacy, Dominique Russo helps clients across Palm Beach, Broward, and Miami-Dade Counties fight DUI charges and protect their driving privileges.
Below, we break down Florida’s DUI laws, including:
✔ When a DUI becomes a felony
✔ Legal blood alcohol limits
✔ Potential penalties
✔ Defenses that could help your case
Is a DUI a Felony or Misdemeanor in Florida?
1. Misdemeanor DUI (First or Second Offense)
- First DUI – 2nd-degree misdemeanor (up to 6 months jail, $500-$1,000 fine).
- Second DUI – 1st-degree misdemeanor (up to 9 months jail, $1,000-$2,000 fine).
2. Felony DUI (Third or Subsequent Offense)
- Third DUI within 10 years – 3rd-degree felony (up to 5 years prison, $5,000 fine).
- DUI causing serious bodily injury – 3rd-degree felony.
- DUI manslaughter – 2nd-degree felony (up to 15 years prison).
Key Statute: Florida Statute § 316.193 defines DUI penalties.
Florida’s Legal Alcohol Limit for Driving
Under Florida law (§ 316.193), you can be charged with DUI if your blood alcohol concentration (BAC) is:
- 0.08% or higher (standard drivers)
- 0.04% or higher (commercial drivers)
- Any detectable amount (drivers under 21)
Even if your BAC is below the limit, you can still be arrested if an officer believes your driving was impaired.
Penalties for DUI in Florida
| Charge | Classification | Maximum Penalty |
|---|---|---|
| First DUI | 2nd-degree misdemeanor | 6 months jail, $1,000 fine, 6-month license suspension |
| Second DUI | 1st-degree misdemeanor | 9 months jail, $2,000 fine, 5-year license revocation (if within 5 years) |
| Third DUI (within 10 years) | 3rd-degree felony | 5 years prison, $5,000 fine, 10-year license revocation |
| DUI with Injury | 3rd-degree felony | 5 years prison, $5,000 fine |
| DUI Manslaughter | 2nd-degree felony | 15 years prison, $10,000 fine, permanent license revocation |
Additional consequences may include:
✔ Ignition interlock device (required for repeat offenses)
✔ DUI school (mandatory for all convictions)
✔ Increased insurance rates
Defenses Against DUI Charges
If you’re facing DUI charges in West Palm Beach, Fort Lauderdale, or Miami, possible defenses include:
✅ Improper Traffic Stop – Police must have valid reason to pull you over.
✅ Faulty Breathalyzer Test – Machines require proper calibration.
✅ Medical Conditions – Certain health issues can mimic intoxication.
✅ Rising BAC Defense – Your BAC may have been below the limit while driving but increased later.
FAQs About DUI Charges in Florida
1. Is a first-time DUI a felony in Florida?
No, first DUIs are misdemeanors unless they involve serious injury or death.
2. What is the legal alcohol limit in Florida?
0.08% BAC for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
3. Can you go to jail for a first DUI?
Yes—up to 6 months in jail, though many first offenders receive probation.
4. How long does a DUI stay on your record?
75 years (essentially permanent) unless sealed or expunged.
5. Should I hire a lawyer for a DUI?
Absolutely. An attorney can challenge evidence and negotiate for reduced charges.
Facing a DUI Charge? Get Legal Help Today
If you’ve been arrested for DUI in Florida, Dominique Russo at Russo Law & Advocacy can help. We serve clients in:
📍 Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
📍 Broward County (Fort Lauderdale, Hollywood)
📍 Miami-Dade County (Miami, Coral Gables)
📞 Free Consultation
Don’t risk your license or freedom—call now for a defense strategy!
