Many people assume a first DUI is an automatic misdemeanor, but that’s not always the case in Florida. You may be charged with a felony offense even without a criminal history. The charges you will face depend on the circumstances of your case.
Here’s what you need to know about when a first-time DUI can move beyond a misdemeanor and become a felony charge.
Factors that can enhance your charges
You may be charged with a third-degree felony if you were drunk driving and caused a crash that resulted in serious bodily injury to another person. Think of injuries that create a substantial risk of death, permanent disfigurement or extended loss of a body part or organ function.
The same goes when death is involved. If someone or an unborn child died as a result, Florida law elevates the charge to a second-degree felony. It’s also worth noting that your charges may be further enhanced to a first-degree felony if prosecutors can show that you knew or reasonably should have known the crash occurred and chose to flee without helping those involved.
The potential penalties of a felony DUI charge
A felony DUI charge carries consequences that extend far beyond those of a standard misdemeanor case, and you may be looking at years in jail alongside other penalties. For instance, the law mandates a minimum prison term of 4 years if you caused a fatal crash.
Beyond incarceration, a felony conviction can result in long-term license suspension, significant fines, mandatory substance abuse programs and a permanent criminal record that can affect various aspects of your life long after serving your sentence.
Don’t navigate this alone
DUI charges in Florida move fast and hit hard. From the moment of your arrest, prosecutors begin building a case against you, and every detail of your case can influence the charges you ultimately face. Seeking early professional guidance can make a significant difference in how your case unfolds while protecting your rights at every stage.
