If you’ve been charged with driving under the influence (DUI) in Fort Lauderdale, you may be wondering whether you are facing a misdemeanor or felony charge. The distinction between the two is crucial, as it can greatly impact the penalties you face and the long-term consequences on your life. As a Fort Lauderdale criminal defense attorney, I often get asked about this difference and how it affects the defense strategy.
What Is a Misdemeanor DUI?
In Florida, most DUI charges are classified as misdemeanors. This is especially true for first-time offenders. A misdemeanor DUI generally occurs when someone is caught driving with a blood alcohol concentration (BAC) of 0.08% or higher or is under the influence of alcohol, drugs, or a combination, without causing significant harm to others.
For a first-time DUI offense, the driver is typically charged with a second-degree misdemeanor. A second DUI offense within five years or a third DUI offense within 10 years is considered a first-degree misdemeanor. Misdemeanor DUIs can result in serious penalties, including:
- Fines: For a first offense, fines range from $500 to $1,000. If your BAC was over 0.15% or if a minor was in the vehicle, fines can increase to $2,000.
- Jail Time: A first DUI offense can lead to up to six months in jail. For a second offense, you could face up to nine months in jail, and for a third misdemeanor DUI, up to one year in jail.
- License Suspension: A first DUI conviction leads to a license suspension ranging from six months to one year. A second or third offense can result in longer suspensions.
- Community Service and Probation: First-time DUI offenders are often required to complete 50 hours of community service and may be placed on probation for up to one year.
- DUI School and Substance Abuse Treatment: DUI school is mandatory, and in some cases, a substance abuse evaluation and treatment program will also be required.
These penalties increase if there are aggravating factors, such as having a high BAC, having a child in the car, or being involved in an accident. However, in most cases, misdemeanor DUIs are handled in county court and don’t carry the life-altering consequences of a felony charge. That said, it’s still beneficial to hire an experienced Broward criminal defense attorney.
What Is a Felony DUI in Florida?
A DUI charge becomes a felony in Florida when certain aggravating factors are present. Felony DUI charges in Florida are far more serious and can lead to long-term penalties. There are three main situations where a DUI may be classified as a felony:
- Third DUI Offense Within 10 Years: If you are arrested for a DUI and have two prior DUI convictions within the last 10 years, you will face a felony DUI charge.
- Fourth DUI Offense: Regardless of when your previous DUI convictions occurred, if this is your fourth DUI charge, it will be a felony.
- DUI Causing Serious Injury or Death: If your impaired driving results in an accident that causes serious bodily injury to another person, you could be charged with a third-degree felony. If someone dies as a result of the crash, you will be charged with DUI manslaughter, which is a second-degree felony.
Felony DUI Penalties
The penalties for a felony DUI conviction are significantly harsher than for a misdemeanor DUI. Depending on the severity of the charge, you may face:
- Fines: Felony DUI fines can range from $2,000 to $5,000, or even higher in cases involving injury or death.
- Prison Time: A third-degree felony DUI can result in up to five years in state prison. DUI manslaughter, a second-degree felony, can lead to up to 15 years in prison, and in cases of DUI manslaughter with a hit-and-run, the penalty can increase to 30 years.
- Permanent License Revocation: For felony DUI convictions, especially for repeat offenders or those involving fatalities, you may face permanent revocation of your driver’s license.
- Felony Record: A felony conviction stays on your record permanently, which can affect your employment, housing, and even your right to vote or possess a firearm.
The consequences of a felony DUI charge are life-changing, making it crucial to have an experienced defense attorney on your side.
Defending Against DUI Charges
Whether you are facing a misdemeanor or felony DUI, it’s important to have a strong defense. A DUI conviction, regardless of the level of the charge, can affect your life for years to come. As your defense attorney, I will review all the evidence, challenge the legality of the traffic stop or breathalyzer test, and build a case to either reduce your charges or get them dismissed.
Some defenses I may use include challenging the accuracy of field sobriety tests, questioning the reliability of breath or blood tests, or arguing that law enforcement officers violated your rights during the arrest process.
Understanding the difference between a misdemeanor and felony DUI in Fort Lauderdale is critical when facing such a charge. While a misdemeanor DUI still carries serious penalties, a felony DUI can lead to long-term imprisonment and lifelong consequences. Regardless of the charge, securing experienced legal representation is vital to protect your rights and fight for the best possible outcome. As a Fort Lauderdale DUI criminal defense attorney, I am committed to helping you navigate the legal system and achieve the most favorable results for your case.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
Additional Resources:
F.S. 316.193, Driving Under the Influence
More Blog Entries:
Penalties for a Fort Lauderdale DUI Arrest, July 3, 2024, Fort Lauderdale Criminal Defense Attorney Blog