Differences Between FL Misdemeanor DUI and Felony DUI

Understanding the distinctions between misdemeanor and felony DUIs in Florida is crucial for anyone facing such charges. The consequences of a conviction can be severe, and the legal process can be complex.

We will explore the key differences between misdemeanor and felony DUIs, as well as the potential penalties and legal defenses available to those charged with these offenses.

As a West Palm Beach DUI Attorney, I have extensive experience in handling both misdemeanor and felony DUI cases. My goal is to provide you with the information you need to make informed decisions about your case and to help you navigate the legal process.

Important Tips for Misdemeanor and Felony DUIs

·        Know the differences between misdemeanor and felony DUI charges

·        Understand the potential penalties for each type of DUI

·        Be aware of the legal defenses available to you

·        Consult with an experienced DUI attorney for guidance

How Can I Help You with Misdemeanor and Felony DUIs?

I have successfully represented clients facing both misdemeanor and felony DUIs. With my in-depth knowledge of Florida's DUI laws and my commitment to providing personalized legal representation,

I can help you navigate the complexities of your case and work towards the best possible outcome. Whether you are facing a first-time misdemeanor DUI charge or a more serious felony DUI, I am here to provide the guidance and support you need.

What Are the Key Differences Between Misdemeanor and Felony DUIs?

In Florida, the primary differences between misdemeanor and felony DUIs are the severity of the offense and the potential penalties upon conviction. The following bullet points outline these differences:

·        Florida Statute 316.193 defines a misdemeanor DUI as a first or second offense with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of a controlled substance.

·        A felony DUI is typically charged when an individual has a third DUI conviction within ten years, a fourth or subsequent DUI conviction, or causes serious bodily injury or death as a result of driving under the influence.

·        The penalties for a misdemeanor DUI can include fines, probation, community service, and mandatory DUI education programs, while felony DUI convictions can result in more severe penalties, such as higher fines, longer probation periods, and potential imprisonment.

What Are the Potential Penalties for Misdemeanor and Felony DUIs?

The penalties for misdemeanor and felony DUIs in Florida vary depending on the specific circumstances of the case. Here are some general guidelines:

·        For a first-time misdemeanor DUI, penalties can include fines ranging from $500 to $1,000, up to six months in jail, probation, community service, and a mandatory DUI education program.

·        For a second misdemeanor DUI, penalties can include fines ranging from $1,000 to $2,000, up to nine months in jail, probation, community service, and a mandatory DUI education program.

·        For a felony DUI, penalties can be significantly more severe, with fines up to $5,000, up to five years in prison, probation, community service, and a mandatory DUI education program.

Hypothetical Case: Misdemeanor vs. Felony DUI

Imagine a scenario in which an individual is arrested for their third DUI offense within a ten-year period. In this case, the individual would likely be charged with a felony DUI, as it is their third offense within the specified timeframe. If convicted, they could face penalties such as a fine of up to $5,000, up to five years in prison, probation, community service, and a mandatory DUI education program.

Now, consider a different scenario in which the same individual is arrested for their first DUI offense. In this case, they would likely be charged with a misdemeanor DUI. If convicted, they could face penalties such as a fine of up to $1,000, up to six months in jail, probation, community service, and a mandatory DUI education program.

Key Takeaways on Misdemeanor and Felony DUIs

·        Understand the differences between misdemeanor and felony DUI charges

·        Be aware of the potential penalties for each type of DUI

·        Know the legal defenses available to you

·        Consult with an experienced DUI attorney for guidance

FAQs on Misdemeanor and Felony DUIs

1. What is the legal limit for blood alcohol concentration (BAC) in Florida?

The legal limit for BAC in Florida is 0.08% for drivers aged 21 and older. For drivers under the age of 21, the legal limit is 0.02%.

2. Can I refuse a breathalyzer test in Florida?

Yes, you can refuse a breathalyzer test in Florida. However, doing so can result in an automatic suspension of your driver's license for one year for a first refusal, and 18 months for a second or subsequent refusal.

3. What are some common legal defenses for DUI charges?

Common legal defenses for DUI charges include challenging the legality of the traffic stop, the accuracy of the breathalyzer test, and the arresting officer's observations and procedures.

4. Can a DUI conviction be expunged from my record?

In Florida, a DUI conviction cannot be expunged from your record. However, if your DUI charge was dismissed or you were found not guilty, you may be eligible for expungement.

5. How long does a DUI stay on my driving record in Florida?

A DUI conviction will remain on your driving record in Florida for 75 years.

6. Can I still drive after a DUI arrest?

After a DUI arrest, your driver's license may be suspended. However, you may be eligible for a hardship license, which allows you to drive for specific purposes, such as work or school.

7. How can a DUI attorney help me?

A DUI attorney can help you by providing legal advice, representing you in court, negotiating with prosecutors, and working to minimize the consequences of a DUI conviction.

For more information, please read my blog post on the topic: misdemeanor versus felony DUIs.

Disclaimer: LeRoy Law tries to ensure the accuracy of this article. However, Florida Statutes change, case law changes, and as such, errors may occur. LeRoy Law assumes no responsibility for any errors or omissions in this article. LeRoy Law encourages you to utilize our links to relevant Florida Statutes. Contact my office at [561-290-2730] if you have any questions or require legal assistance.