A DUI (Driving Under the Influence) is one of the most serious traffic-related offenses in Florida. Many drivers facing a first-time DUI often ask, “Is a DUI a felony in Florida?” The short answer is it depends. While most first or second DUI offenses are classified as misdemeanors, certain aggravating factors can elevate a DUI to a felony. Understanding these distinctions is essential to knowing your rights, the potential penalties, and what steps you can take to protect your driving privileges and future. This guide explains when a DUI becomes a felony in Florida, what penalties you may face, and how DUI programs can help you stay compliant with state laws.
Understanding Florida’s DUI Laws
Under Florida Statute §316.193, a person is guilty of DUI if they are:
- Driving or in actual physical control of a vehicle, and
- Under the influence of alcohol or controlled substances to the extent that normal faculties are impaired, or
- Have a blood alcohol concentration (BAC) of 0.08% or higher.
The law applies to all motor vehicles, including cars, motorcycles, boats, and even electric scooters.
Florida’s DUI penalties are structured based on factors such as:
- The number of prior offenses.
- The driver’s BAC level at the time of arrest.
- Whether property damage, injury, or death occurred.
- Whether a minor was present in the vehicle.
When Is a DUI Considered a Misdemeanor in Florida?
For most first-time offenders, a DUI is a misdemeanor offense.
A First DUI Conviction Usually Involves:
- Up to 6 months in jail.
- Fines ranging from $500 to $1,000.
- License suspension for 6 to 12 months.
- Mandatory DUI school enrollment (Level One course).
- Possible installation of an Ignition Interlock Device (IID).
If the BAC was 0.15% or higher, or a minor was in the vehicle, penalties increase including longer jail time and higher fines.
A Second DUI Conviction Within 5 Years May Involve:
- Mandatory 10 days in jail.
- Fines of $1,000 to $2,000.
- License suspension for up to 5 years.
- Installation of an IID for at least 1 year.
- Enrollment in a Level Two DUI program.
At this stage, it’s still a misdemeanor, unless aggravating circumstances apply.
When Does a DUI Become a Felony in Florida?
A DUI becomes a felony in Florida under specific conditions defined by state law.
1. Third DUI Within 10 Years
A third DUI offense within 10 years of a prior conviction is classified as a Third-Degree Felony.
Penalties include:
- Up to 5 years in prison.
- Fines up to $5,000.
- 10-year driver’s license revocation.
- Mandatory Level Two DUI course and possible substance abuse treatment.
2. Fourth DUI or More
A fourth or subsequent DUI, regardless of when prior offenses occurred, is automatically a felony offense.
Penalties include:
- Up to 5 years in prison.
- Fines up to $5,000.
- Permanent license revocation.
At this level, it’s no longer possible to receive a Hardship License in most cases.
3. DUI Involving Serious Bodily Injury
If a DUI results in serious bodily injury to another person, it becomes a Third-Degree Felony, even for first-time offenders.
Penalties include:
- Up to 5 years in prison.
- Fines up to $5,000.
- Restitution to the victim for damages or medical costs.
4. DUI Manslaughter
A DUI that causes the death of another person or unborn child is classified as DUI manslaughter, a Second-Degree Felony.
Penalties include:
- Up to 15 years in prison.
- Fines up to $10,000.
- Mandatory lifetime license revocation.
If the driver leaves the scene of a fatal DUI crash, it becomes a First-Degree Felony, punishable by up to 30 years in prison.
Key Differences Between Misdemeanor and Felony DUI in Florida
| Criteria | Misdemeanor DUI | Felony DUI |
|---|---|---|
| Offense Level | First or second offense | Third (within 10 years), fourth, or DUI with injury/death |
| Possible Jail Time | Up to 1 year | Up to 5, 15, or 30 years depending on severity |
| Fines | $500 – $2,000 | Up to $5,000 or $10,000 |
| License Suspension | 6 months – 5 years | 10 years – permanent |
| DUI Course | Level One or Level Two | Level Two, with possible treatment programs |
| Ignition Interlock | Optional/required | Mandatory |
| Hardship License | Often available | Often restricted or denied |
The Role of DUI Courses in Avoiding Further Penalties
Whether your DUI is a misdemeanor or felony, enrolling in a state-approved DUI program is critical for compliance with Florida DHSMV regulations.
For Misdemeanor Offenses
- Level One DUI course for first-time offenders.
- May help reduce penalties or qualify for a Hardship License.
- Provides essential education on the risks of impaired driving.
For Felony or Repeat Offenses
- Level Two DUI course is required for repeat offenders or severe violations.
- Focuses on behavioral change, substance abuse education, and risk reduction.
- Often paired with the ADAPT Program for comprehensive alcohol and drug awareness training.
Completing your required course promptly not only satisfies legal obligations but can also influence the court’s view of your commitment to rehabilitation.
Hardship License Eligibility After a Felony DUI
After a felony DUI conviction, regaining driving privileges becomes far more difficult.
For Third-Degree Felony (Third DUI)
- May apply for a Hardship License after serving a mandatory suspension period.
- Must complete all required DUI programs, evaluations, and treatments.
For Fourth DUI or DUI Manslaughter
- Permanent license revocation is common.
- In some rare cases, reinstatement may be considered after a minimum of 5 years, provided the driver demonstrates rehabilitation and sobriety.
Maintaining compliance with all court-ordered programs and demonstrating genuine behavioral change is critical to restoring limited driving rights.
Long-Term Consequences of a Felony DUI in Florida
A felony DUI conviction has serious and lasting impacts beyond fines or jail time.
1. Criminal Record
A felony stays on your record permanently, affecting employment, housing, and professional licensing opportunities.
2. Loss of Civil Rights
Convicted felons lose certain civil rights, including the right to vote or own firearms, until officially restored.
3. Increased Insurance Rates
Felony DUIs can cause auto insurance rates to skyrocket or result in policy cancellations.
4. Professional Impact
Some professions, such as commercial drivers, healthcare workers, and educators, may face license suspensions or employment termination following a felony DUI.
Preventing a Felony DUI: Practical Steps
- Avoid Repeat Offenses: Once you have a DUI on your record, any future violation can carry much heavier penalties.
- Enroll in a DUI or ADAPT Program: Education programs reduce the risk of reoffending and demonstrate responsibility.
- Seek Legal Counsel: If charged with DUI, consult an attorney who specializes in Florida DUI law.
- Don’t Drive After Drinking: Use rideshare services, designated drivers, or public transportation instead.
- Maintain Compliance: Complete all court-ordered courses, evaluations, and payments on time.
Final Comments
In Florida, not every DUI is a felony but certain factors can quickly elevate it from a misdemeanor to a serious criminal offense. A first or second DUI usually results in misdemeanor charges, but repeat offenses, serious injuries, or fatalities turn a DUI into a felony with severe, long-term consequences.
Understanding your situation, enrolling in the required DUI courses, and following all DHSMV and court instructions can help minimize the damage, maintain some driving privileges, and set you on a safer path forward.
Whether you’re dealing with a first-time DUI or facing felony-level charges, acting quickly and responsibly is key to protecting your record, your rights, and your future on the road.
