Is a DUI a Felony or a Misdemeanor? Florida DUI Laws

Understanding Florida DUI Classifications

If you’ve been arrested for driving under the influence in Florida, one of your first questions is likely: is a DUI a felony or a misdemeanor? The answer depends on several factors, including your prior record and whether the DUI caused injury or death. Under Florida Statute § 316.193, most DUIs are misdemeanors, but certain circumstances elevate the charge to a felony with severe consequences.

At Russo Law & Advocacy, Dominique Russo defends clients across Palm Beach, Broward, and Miami-Dade Counties against all types of DUI charges, from first-time misdemeanors to felony DUIs involving serious injury. Understanding whether is a dui a felony in florida applies to your case is the first step toward building an effective defense. For a comprehensive overview of DUI defense in the region, see our page on Miami DUI Defense Attorney.

Is a DUI a Felony or a Misdemeanor? The Basic Answer

Are DUIs felonies or misdemeanors in Florida? The majority are misdemeanors, but felony DUIs exist under specific circumstances:

What type of misdemeanor is a DUI for first and second offenses? DUI is a first-degree misdemeanor (the highest level of misdemeanor) in Florida.

Can a DUI be a felony? Yes, in three scenarios:

1. Third DUI within 10 years
2. DUI causing serious bodily injury
3. DUI causing death (DUI manslaughter)

DUI in Florida is a Misdemeanor: When Does That Apply?

DUI in Florida is a misdemeanor for first and second offenses (within certain timeframes):

First DUI (Misdemeanor)

• Classification: First-degree misdemeanor
• Jail time: Up to 6 months
• Fines: 
• 500−
• 500−1,000
• License suspension: 6 months to 1 year
• DUI school: Required (12 hours)
• Ignition interlock: No (except high BAC cases)

Second DUI (Within 5 Years)

• Classification: First-degree misdemeanor
• Jail time: Up to 9 months (10-day mandatory minimum)
• Fines: 
• 1,000−
• 1,000−2,000
• License suspension: 5 years
• Ignition interlock: Required for 1-2 years
• Vehicle impoundment: 30 days

DUI in Florida is a Misdemeanor but Still a Criminal Offense

Is a dui misdemeanor a criminal offense? Yes, absolutely. A DUI misdemeanor is still a criminal offense that creates a permanent criminal record. It appears on background checks and can affect employment, professional licenses, and insurance rates for years.

Is a DUI a Felony in Florida? When It Becomes a Felony

Is a dui a felony in florida in these specific situations:

Third DUI (Within 10 Years)

• Classification: Third-degree felony
• Prison time: Up to 5 years
• Fines: Up to $5,000
• License revocation: 10 years mandatory
• Vehicle forfeiture: Possible

Fourth or Subsequent DUI (Regardless of Timing)

• Classification: Third-degree felony
• Prison time: Up to 5 years (enhanced)
• License revocation: Permanent possible

DUI with Serious Bodily Injury

• Classification: Third-degree felony
• Prison time: Up to 5 years
• Mandatory minimum: None, but significant prison likely
• License revocation: Minimum 3 years

DUI Manslaughter

• Classification: Second-degree felony
• Prison time: Up to 15 years
• Mandatory minimum: 4 years
• License revocation: Permanent

Florida DUI Penalties by the Numbers

DUI Lawyer in Florida: Do You Need One?

Many people ask is it worth getting a lawyer for a dui? The answer is yes, for several critical reasons:

The 10-Day Deadline

Florida law gives you only 10 days from the date of arrest to request a DMV hearing to save your driver’s license. Miss this deadline, and your license is automatically suspended. A DUI lawyer in Florida files this request immediately.

Complex Legal Issues

DUI cases involve complex legal and technical issues that a DUI lawyer in Florida understands:

• Challenging the legality of the traffic stop
• Questioning breathalyzer calibration and maintenance records
• Contesting field sobriety test administration
• Arguing medical conditions that mimic impairment

Potential for Reduction or Dismissal

A skilled Palm Beach DUI lawyer or West Palm Beach DUI lawyer can often achieve outcomes unavailable to self-represented defendants:

• Reduction to reckless driving (no license suspension)
• Dismissal due to illegal stop or breathalyzer error
• Avoidance of jail time through negotiation
• Admission to diversion programs for first-time offenders

How to Choose a DUI Lawyer

How to choose a DUI lawyer is an important decision that can affect the outcome of your case:

Experience

• How many DUI cases have they handled?
• Do they have experience with felony DUIs?
• Have they taken DUI cases to trial?

Local Knowledge

• Familiarity with local courts (Palm Beach, Broward, Miami-Dade)
• Relationships with prosecutors and judges
• Understanding of local law enforcement practices

Communication

• Do they explain the process clearly?
• Are they responsive to questions?
• Do they offer a free consultation?

Former Investigator Background

Attorney Dominique Russo’s background as a former private investigator provides unique insight into how police build DUI cases and where they make mistakes.

How Much Should a DUI Lawyer Cost?

How much should a dui lawyer cost depends on several factors:

Typical Fee Ranges

• First-time DUI (misdemeanor) : 
• 2,500−
• 2,500−5,000
• Second DUI : 
• 5,000−
• 5,000−7,500
• Felony DUI : 
• 7,500−
• 7,500−15,000+
• DUI Manslaughter : 
• 15,000−
• 15,000−30,000+

What Influences Cost

• Case complexity (accident, injury, high BAC)
• Geographic location (Palm Beach vs. other counties)
• Attorney experience and track record
• Trial vs. settlement likelihood

Is it worth getting a lawyer for a dui financially? The cost of a lawyer is far less than the lifetime cost of a DUI conviction:

• Increased insurance rates (average 74% increase)
• Lost wages from jail time or license suspension
• Fines, court costs, and DUI school
• Potential job loss or professional license issues

DUI in Florida Misdemeanor or Felony: A Deeper Look

DUI in Florida misdemeanor or felony classification affects everything:

Misdemeanor DUI Consequences

• Criminal record (misdemeanor)
• Jail time possible (up to 9 months)
• License suspension (6 months to 5 years)
• Insurance rate increases (but not as severe as felony)
• Professional license impact (some, but not all professions)

Felony DUI Consequences

• Permanent felony record
• State prison time (1-15+ years)
• Loss of firearm rights permanently
• Difficulty finding employment (felony record)
• Immigration consequences for non-citizens
• Loss of voting rights until restored
• Professional license revocation (most professions)

Florida DUI Laws: Key Statutory Provisions

Under Florida Statute § 316.193:

Legal Definition of DUI

A person is guilty of DUI if they are driving or in actual physical control of a vehicle and:

• Their BAC is 0.08% or higher, OR
• They are under the influence of alcohol or drugs to the extent that normal faculties are impaired

DUI Checkpoints

Under Florida Statute § 316.1906, DUI checkpoints must follow strict protocols. If they don’t, evidence may be suppressed.

Implied Consent

By driving in Florida, you have implicitly consented to breath, blood, or urine testing. Refusing results in automatic 1-year license suspension.

Frequently Asked Questions

Facing DUI Charges? Get a DUI Lawyer Now

If you’re asking is a dui a felony or a misdemeanor for your own case, don’t wait to get legal help. Contact Dominique Russo at Russo Law & Advocacy for a free consultation. We serve clients across South 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 DUI arrest doesn’t have to become a felony conviction. We fight to protect your license, your record, and your future.”