Is a DUI a Felony in Florida? 2025

Driving under the influence (DUI) is illegal in Florida and may be met with harsh consequences. Most people understand they may be liable for paying fines, having their license suspended, or serving time in jail upon being arrested for a DUI. However, consequences can be graver in felony DUI cases. So, you may wonder, when is a DUI a felony in Florida?

What Is a DUI?

A DUI is driving under the influence of drugs or alcohol. It can also mean being under the influence of both at once. A person is considered under the influence if their blood alcohol level (BAC) is above the legal limit, which is different for regular drivers, commercial drivers, and drivers under age 21.

Officers may also conduct a field sobriety test or administer a blood or urine test to determine if a driver is impaired.

Florida DUI Laws

When a person drives under the influence, their normal faculties become impaired, such as reaction time, judgment, hand-eye coordination, and even vision. This can be dangerous for the driver, their passengers, and anyone else on the road. Because of this, Florida has strict laws and penalties for DUI.

Most DUIs are charged as misdemeanors; however, a person may also be charged with a felony under certain conditions. Typically, first- and second-time offenders are charged with a misdemeanor, but third and subsequent convictions may be charged as felonies.

Common DUI Penalties in Florida

If you are a first-time DUI offender, you will likely be charged with a first-degree misdemeanor, paying $500-$1,000 in fines and possibly serving up to six months in jail. You will also have your license suspended, after which you have 10 days to appear at a hearing to get it reinstated or risk having it suspended or revoked for a longer period.

The penalty for a second conviction is being levied fines of up to $2,000 and serving up to nine or 12 months in jail, depending on the circumstances. Second-time offenders are also at risk of having their licenses suspended or revoked.

When Is a DUI a Felony in Florida?

If it is your third DUI conviction in Florida within 10 years of a previous conviction, you may be charged with a third-degree felony. The punishment for a third-degree felony in Florida is serving five years in prison or probation and being fined up to $5,000. Another way to be charged with a third-degree felony is if you cause serious bodily injury to a victim while driving impaired.

In serious cases, a person may be charged with a first- or second-degree DUI felony. The punishment for a first-degree DUI felony can be up to 30 years in prison and up to $10,000 in fines, while a second-degree felony charge may include serving up to 15 years in prison and paying fines up to $10,000. The following DUI charges may result in the aforementioned sentences:

• DUI manslaughter – DUI manslaughter is the unlawful killing of another while driving under the influence.
• Vehicular homicide – Vehicular homicide occurs when a person under the influence of alcohol, drugs, or both kills someone because of recklessly driving their vehicle. An example could be a person driving under the influence with no regard for human life and causing an accident that results in someone’s death.
• Leaving the scene – Leaving the scene of either a DUI manslaughter or vehicular homicide is a first-degree felony, punishable by up to 30 years in prison and fines up to $10,000.

How a Lawyer Can Help

If your DUI is charged as a felony, you may be facing serious, life-altering consequences. This is why you are highly encouraged to hire a Tampa felony DUI lawyer to either reduce penalties or dismiss your case. At Jeff Marshall Law, we understand the situation you are in and are here to defend you and help ensure a favorable outcome in your case.

FAQs

Q: Is a DUI a Felony or Misdemeanor in Florida?

A: A DUI can be charged as a felony or a misdemeanor in Florida, depending on the circumstances. While most DUI arrests are charged as misdemeanors, if it is your fourth offense or more, or even your third offense within 10 years, you may be charged with a felony. Other felony DUI offenses include DUI manslaughter, vehicular homicide, and leaving the scene.

Q: How Long Does a DUI Stay on Your Criminal Record in Florida?

A: A DUI conviction can essentially stay on your criminal record for the rest of your life in Florida. Unless you consult with a reputable, experienced, and skilled Tampa DUI lawyer, this can have a devastating impact on your life. For example, a criminal record could impact your ability to obtain certain jobs, housing, or other opportunities.

Q: What Are the Penalties for a First-Time DUI in Florida?

A: The penalties for a first-time DUI in Florida are the lightest, although they are still serious. First-time DUI offenders may spend up to six months in jail, pay $500-$1,000 in fines, have their vehicle impounded for up to 10 days, and be subject to enrolling in a DUI program. First-time offenders may also have their license suspended.

Q: How Many DUIs Make a Felony?

A: Typically, four DUI convictions constitute a felony. However, if it is your third conviction within 10 years of your second conviction, you may be charged with a third-degree felony. It must also be noted that if you commit vehicular homicide or DUI manslaughter, you will likely be charged with a felony, even if it is your first DUI.

Contact a Florida DUI Lawyer Today

At Jeff Marshall Law, we have years of experience representing clients who have been charged with a DUI. Our lawyers recognize the gravity of a DUI conviction, and we employ every strategy at our disposal to reach favorable outcomes for our clients. We have a proven track record of success and stand by our client’s side from beginning to end. If you are facing a DUI felony charge, do not hesitate to contact our office to learn about your options.