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How Florida Classifies DUI Offenses by Severity
In Florida, being arrested for driving under the influence (DUI) is a criminal matter—no matter the circumstances. However, not all DUI charges are treated the same under the law. The state distinguishes between misdemeanor and felony DUI charges based on factors such as prior offenses, injury to others, property damage, and specific conditions surrounding the arrest.
For most first-time and second-time offenders, DUI is charged as a misdemeanor, which still carries serious consequences. But under certain conditions, a DUI in Florida can escalate to a felony, bringing much harsher penalties and long-term repercussions. The classification directly affects the type of court case you face, your sentencing exposure, and the impact on your criminal record and driving history.
This post outlines how Florida determines whether a DUI is a misdemeanor or felony, which circumstances trigger an upgrade to felony status, and what drivers should know about the legal and administrative consequences of each. Whether you’re trying to understand a current charge or simply want to know how the law works in Florida, it’s important to understand how DUI severity is assessed.
When Is a DUI Considered a Misdemeanor in Florida?
Most DUI cases in Florida begin as misdemeanors—specifically, first or second offenses that don’t involve any aggravating circumstances. A misdemeanor DUI still represents a criminal offense and appears on a permanent criminal record, but the penalties are typically lighter than those associated with felonies.
A DUI is typically a misdemeanor if:
- It is your first or second DUI offense
- There are no injuries or fatalities
- No major property damage occurred
- There was no minor in the vehicle
- Your BAC was elevated but under aggravated thresholds
For a first DUI offense, criminal penalties may include:
- A fine between $500 and $1,000
- Up to six months in jail
- Probation (up to one year)
- Community service
- Vehicle impoundment for 10 days
- DUI School Level I and a substance abuse evaluation
For a second DUI offense, penalties are more severe:
- Fines of $1,000 to $2,000
- Up to nine months in jail
- Vehicle immobilization for 30 days
- Possible ignition interlock device requirement for one year
- Level II DUI School and treatment if needed
Even though these are misdemeanors, they still result in a criminal conviction, affect insurance rates, and can impact employment, professional licensing, and background checks. DUI convictions in Florida cannot be sealed or expunged.
What Makes a DUI a Felony in Florida?
A DUI becomes a felony in Florida when certain statutory thresholds are met. Felony DUI offenses are treated much more seriously, carry longer sentences, and result in lasting impacts to civil rights and criminal records.
A DUI is charged as a felony in Florida if:
- It is your third DUI within 10 years of a prior conviction
- It is your fourth or subsequent DUI, regardless of timing
- The DUI caused serious bodily injury to another person
- The DUI resulted in the death of another person (DUI manslaughter)
- You committed DUI manslaughter and left the scene
These scenarios elevate the DUI from a misdemeanor to a felony charge, typically a third-degree or second-degree felony, and in some cases a first-degree felony.
Third-Degree Felony (e.g., third DUI within 10 years, or DUI with serious bodily injury):
- Up to 5 years in prison
- Up to $5,000 in fines
- Mandatory minimum 10-year license revocation
Second-Degree Felony (e.g., DUI manslaughter):
- Up to 15 years in prison
- Up to $10,000 in fines
- Mandatory lifetime license revocation in many cases
First-Degree Felony (e.g., DUI manslaughter with leaving the scene):
- Up to 30 years in prison
- Severe long-term penalties and parole restrictions
Florida takes DUI-related injuries and deaths extremely seriously. Even first-time offenders can face felony charges if the circumstances involve harm to others. These charges often involve longer legal processes, the possibility of trial, and extended supervision upon release from custody.
Felony DUI and Repeat Offenses in Florida
The most common route to a felony DUI in Florida is through repeat offenses. The state uses a lookback period of 10 years for third offenses and counts any prior convictions for a fourth offense.
Repeat offense thresholds for felony charges:
- Third DUI within 10 years → Third-degree felony
- Fourth DUI at any time → Felony regardless of time elapsed
Judges are required to impose harsher penalties when these thresholds are met, and prosecutors often push for felony charges to reflect the seriousness of repeat offenses. A third DUI within 10 years or a fourth DUI conviction leads to mandatory license revocation, lengthy incarceration, and additional conditions such as extended ignition interlock device (IID) use.
Beyond legal penalties, repeat DUI offenders face increased scrutiny when applying for hardship licenses, higher insurance costs, and significantly more difficulty in regaining full driving privileges.
DUI with Injury or Death: Automatic Felony Charges in Florida
Even a first-time DUI offense becomes a felony when it involves serious injury or death. Florida’s laws elevate the charge immediately when harm is caused to another person, regardless of the driver’s prior record.
Felony classifications based on harm:
- Serious Bodily Injury (SBI) → Third-degree felony
- Up to 5 years in prison, long-term license revocation, and restitution
- DUI Manslaughter → Second-degree felony
- Up to 15 years in prison, $10,000 fine, and mandatory permanent license revocation
- DUI Manslaughter + Leaving the Scene → First-degree felony
- Up to 30 years in prison and extensive parole consequences
In DUI injury and fatality cases, even young or first-time drivers face felony prosecution. The courts tend to pursue maximum penalties, and plea options are more limited than in standard misdemeanor cases. These charges are permanent and non-expungeable.
Comparing Criminal vs Administrative Classification
Florida handles DUI cases using two parallel systems: the criminal court and the administrative system managed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). These systems operate independently of one another.
Criminal Classification (Misdemeanor or Felony):
- Determined by the court based on charges and conviction
- Affects jail time, fines, and probation
- Leads to a permanent criminal record
Administrative Classification:
- Managed by the DHSMV
- Results in automatic license suspension, regardless of conviction
- Requires DUI school, reinstatement fees, and possibly IID installation
Both systems can impose penalties at the same time. For example, a first-time misdemeanor DUI may come with both probation and fines (criminal) and a six-month license suspension (administrative). Felony DUIs will include longer license revocations and more intensive administrative restrictions.
FAQ: Is a DUI a Felony or Misdemeanor in Florida?
Is a DUI always a misdemeanor in Florida?
No. It’s usually a misdemeanor for first and second offenses with no injuries, but it becomes a felony if certain conditions are met.
What makes a DUI a felony in Florida?
Third DUI within 10 years, fourth DUI, DUI with serious injury, or DUI resulting in death all trigger felony charges.
Is DUI manslaughter always a felony?
Yes. It is charged as a second-degree or first-degree felony, depending on whether the driver fled the scene.
Can a felony DUI be expunged or sealed in Florida?
No. DUI convictions—misdemeanor or felony—cannot be sealed or expunged under Florida law.
Will a felony DUI result in prison time?
Yes. Felony DUIs can lead to 5, 15, or even 30 years in state prison depending on the charge.
What happens to your license after a felony DUI?
License revocation is mandatory—10 years to life, depending on prior offenses and the severity of the case.
Does Florida have a lookback period for DUI felonies?
Yes. A 10-year lookback applies to determine whether a third DUI becomes a felony.
Conclusion
In Florida, a DUI can be charged as either a misdemeanor or a felony, depending on the driver’s history and the severity of the incident. While first and second offenses without aggravating factors are generally misdemeanors, serious injuries, deaths, or repeat offenses will elevate the charge to a felony. Felony DUI charges bring significantly higher penalties, including lengthy prison terms, long-term or permanent license revocation, and a permanent criminal record that cannot be erased.
For more clarity on how Florida structures DUI offenses, penalties, and classifications, visit the State By State DUI Laws page. To better understand how these charges influence arrests and long-term outcomes, review the How State DUI Laws Affect Arrests and Penalties hub for more detailed insights.