Is a DUI a Misdemeanor in the State of Florida?

Is a DUI a misdemeanor charge, or is it a felony? This is one of the most common questions individuals ask after receiving charges, and it's an important one. Misdemeanor and felony charges carry very different possibilities for penalty and it's essential to understand what a DUI charge entails, the consequences you may be facing, and how an attorney can help.

If you are facing DUI charges in South Florida, it is imperative you speak to your local DUI Defense Attorney, as aggressive legal representation in court can significantly help your case.

The Definition of a "Misdemeanor Charge"

Misdemeanor charges, by law, are criminal offenses that carry a penalty of less than one year in jail. They are less serious than felony charges, which can carry prison terms greater than one year, yet more serious than "criminal infractions," which typically do not carry any potential jail time.

You can often have a misdemeanor charge sealed or expunged from your record if you meet specific criteria, meaning that once you complete necessary steps no one will be able to see the charge on a background check. This is good news, as many employers and landlords run criminal history checks on prospective employees and tenants prior to extending an offer or signing a lease. Additionally, misdemeanor crimes are generally seen as less severe.

Misdemeanor vs. Felony Charges

Felony charges are more serious than misdemeanors and can pose a variety of lasting ramifications that can significantly impact your future. With a felony charge, you can potentially face more than a year in prison. Upon a felony conviction, you will temporarily lose your right to vote and you will not be able to own a firearm. Misdemeanor charges do not carry these penalties.

Many employers and landlords have stipulations in their rules and regulations that state convicted felons may not work for the company or rent housing, which can make life extremely challenging. Another difference in the penalties of misdemeanor vs. felony charges is the sum of fines you are likely to have to pay.

Misdemeanor convictions will likely impose fines and court fees, but they are not likely to total more than a few thousand dollars. Alternately, fines associated with felony charges may exceed $10,000 under certain circumstances.

Is a DUI a Misdemeanor Charge?

Following an arrest, many individuals find themselves asking if a DUI is a misdemeanor or a felony charge. Concerned about the future, this is only natural. And since individuals are intoxicated at the time of arrest, they may not remember the situation clearly. This is common–getting arrested for a criminal offense is overwhelming, and your head is likely spinning. First, it's essential that you contact a DUI defense attorney to help you through your case. They will be able to help you understand the charges against you and the potential penalties you are facing.

Whether or not your DUI charge is a felony or a misdemeanor depends on several unique factors in your case.

First and Second Offenses

If this is your first or second DUI offense, it is likely that your charge will be a misdemeanor. However, just because the charge is not a felony does not mean that you do not need aggressive legal representation fighting on your behalf. Even a first time DUI can carry the penalty of jail time, the loss of your driver's license for up to a year, and thousands of dollars in fines.

An experienced DUI defense attorney may be able to help you plead guilty to a lesser charge, such as a wet reckless, or enter a pretrial diversion program that will help you avoid a conviction altogether.

Third Offense

If you receive a third DUI offense it will be a felony charge in the state of Florida. You will likely face jail time–anywhere from thirty days to five years in prison. Your fines may be as high as $10,000 and the courts may order that your car be impounded.

The courts take third DUI offenses particularly seriously, especially if your third offense is within ten years of a prior conviction. You will need an experienced criminal defense attorney on your side advocating for minimum sentencing and building a case on your behalf.

DUI Charges with Extenuating Circumstances

These are the penalties for simple DUIs and do not take into account any extenuating circumstances that may affect your case. For example, if you are in a car accident while driving under the influence you may face additional charges. Whether you damage another person's vehicle, or private or public property, you may incur additional charges and fines.

Additionally, if you injure or kill a person while driving under the influence, even if it is your first offense, your charge will be a felony. You may receive charges for vehicular manslaughter and you can face many years in prison. If this is the case it is vital that you contact an attorney as soon as possible to begin working on your case.

Hiring an Attorney

When asking "is a DUI a misdemeanor?" there are several key elements of your case to examine. Is this your first offense or are you a repeat offender? Was there an accident as a result of your driving? Was damage done to another vehicle or property and was anyone else harmed as a result of your actions? All of these things factor into whether your charge will be a misdemeanor or a felony.

Regardless of which you are charged with, DUIs are serious offenses that come with steep consequences. You must hire a dedicated DUI defense attorney to start building a case for you. You may be able to have your charges reduced or entirely dismissed, but this is only possible with the best legal help available.

A DUI conviction can cause you to lose many of your freedoms. Even if a judge does not sentence you to jail time you can lose your driver's license, impacting your ability to get to work, school, and to fulfill daily obligations. Don't take your chances in court alone–there are experienced DUI defense attorneys in South Florida who are ready to fight your case.