When is a DUI in Florida a felony offense?

On Behalf of | Jun 19, 2025 | DUI |

Many people don’t think of driving under the influence (DUI) offenses as particularly serious. When compared with violent crimes or even intentional property crimes, driving after having a few drinks might seem like a minor issue.

Contrary to how people perceive these offenses, the state treats DUI charges as relatively serious criminal matters. In fact, state prosecutors can potentially bring felony charges against people accused of drunk driving.

What are the four main scenarios in which motorists might face felony DUI charges?

Causing serious bodily injury

If a drunk driver causes a car crash, they may be at risk of enhanced charges and more serious penalties. If another person sustains serious bodily injuries because of a drunk driving collision, the state can pursue felony charges against the impaired motorist.

Causing a fatal crash

The worst possible outcome of a drunk driving incident involves someone dying because of a crash. Impaired motorists could face DUI manslaughter charges, which are felony charges, if the state accuses them of causing a deadly collision while under the influence.

Committing three DUI offenses within a decade

Prosecutors look at an individual’s history when deciding how to charge them. The courts also look at an individual’s record when deciding what penalties to impose during sentencing. Those accused of a DUI offense might face a felony charge if they have prior convictions from within the last 10 years. A third DUI within 10 years of a first DUI is justification for felony prosecution.

A fourth DUI offense

Excessive repeat offenses can lead to much more serious penalties and charges. Regardless of how much time passes between offenses, a fourth DUI charge after three prior convictions is likely to be a felony offense.

Felony charges tend to carry more serious penalties. The criminal record they create can also cause more consequences for the accused motorist. Given the possibility of escalating penalties and felony charges, motorists may want to defend assertively against allegations of drunk driving.

Learning more about DUI statutes can help people decide how to respond to pending charges. Felony DUI offenses could have a major impact on an individual’s future if they do not respond appropriately.