Is DUI a Felony?

In Florida, a DUI can be a felony if it’s a repeated offense or if the driver causes an accident and seriously injures another person.

Most DUIs are misdemeanors, including first and second offenses without aggravating factors. However, driving under the influence becomes a felony in these situations:

• Third DUI conviction (or more)
• Causing serious bodily injury to another person
• Manslaughter (if the impaired driver caused a death)

If there’s a third DUI conviction within 10 years of a prior conviction, it’s automatically a felony. A fourth DUI is a felony regardless of when the prior convictions occurred.

DUI manslaughter is a more serious second-degree felony, and if the driver caused a car crash and failed to give information or render aid, it can be elevated to a first-degree felony.

If you were injured in a drunk driving accident, contact us for a free consultation with a car accident lawyer.

References

Florida Statutes § 316.193 – Driving under the influence; penalties.