First time Florida DUI?
Many people may not know this, but a first and second DUI conviction (assuming there was not serious bodily injury or death involved) are misdemeanors. However, there are circumstances when a DUI becomes a felony such as:
* A third conviction within 10 years of each other is a third degree felony punishable by up to 5 years in prison and $5,000 fine:
Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
* A 4th DUI conviction regardless of when any of them occurred is a felony. For example, a 4th DUI conviction within 18 years is a felony of the third degree punishable by up to 5 years in prison and a $5,000 fine:
Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000.
* A DUI involving serious bodily injury is a felony of the third degree punishable by up to 5 years in prison and a $5,000 fine:
Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
* And finally a DUI becomes a felony when death is involved as well. A second degree felony for vehicular homicide or DUI manslaughter punishable by up to 15 years in prison and a $10,000 fine and if the scene was fled either charge becomes a first degree felony punishable by up to 30 years in prison and $10,000:
The death of any human being or unborn quick child commits DUI manslaughter, and commits:
a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and
(II) The person failed to give information and render aid as required by s. 316.062.
For purposes of this subsection, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071. A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.
Whether or not you have been charged with a 1st or a 5th DUI in Florida you would be well advised to contact an attorney for a free consultation ASAP.
If you are facing DUI or other criminal charges in Sarasota, we can help you. Our Sarasota Criminal Defense Attorneys have over 100 years combined experience dealing with criminal case and we offer a free initial consultation to go over the specifics of your arrest. Even if you feel you can’t beat the charge we encourage you to give us a call, you may be surprised.
