Thomas C. Grajek | January 26, 2026 | DUI
Driving under the influence (DUI) is a serious criminal offense in Florida, but not every DUI is classified the same way. One of the most common questions people have after an arrest is whether a DUI is considered a felony or a misdemeanor.
The answer depends on several factors, including prior convictions, how recently they occurred, and whether anyone was injured or killed.
How Florida Classifies DUI Offenses
Florida law distinguishes between misdemeanor and felony DUI charges based on the offender’s history and the outcome of the incident. Most DUI arrests start as misdemeanors, particularly for first-time offenders. However, Florida statutes allow prosecutors to elevate a DUI to a felony when aggravating factors are present.
These factors may include prior DUI convictions within a specific time frame, repeat offenses, or DUI incidents that result in serious bodily injury or death. As the severity of the offense increases, so do the penalties, including the possibility of lengthy prison sentences and long-term license revocation.
When Is a DUI a Misdemeanor in Florida?
In Florida, most DUI offenses are charged as misdemeanors. Common misdemeanor DUI scenarios include:
- First-time DUI offenses, regardless of blood alcohol concentration, as long as no serious injury occurred
- Second DUI offenses, particularly when the prior conviction occurred more than five years earlier
- Third DUI offenses when all prior convictions fall outside the statutory lookback period
Misdemeanor DUIs are typically classified as either first-degree or second-degree misdemeanors, depending on the circumstances.
When Does a DUI Become a Felony in Florida?
Certain DUI offenses are automatically charged as felonies under Florida law. A DUI may be elevated to a felony in the following situations:
- Third DUI conviction within 10 years of a prior DUI
- Fourth or subsequent DUI conviction, regardless of when earlier offenses occurred
- DUI involving serious bodily injury, even if it is a first offense
- DUI manslaughter, when a DUI results in a fatality
A third DUI within 10 years is typically charged as a third-degree felony, while a fourth DUI is also classified as a felony regardless of the time between convictions.
Penalties for Florida DUIs
DUI penalties in Florida depend on whether the offense is charged as a misdemeanor or felony, the number of prior convictions, and whether aggravating factors such as injuries or a high blood alcohol concentration were involved.
Misdemeanor DUI
Penalties for a misdemeanor DUI in Florida may include:
- Jail time of up to six months for a first offense, or up to nine months for a second offense, with higher maximums when aggravating factors are present
- Fines of up to $1,000 for a first conviction and $2,000 for a second offense
- Driver’s license suspension or revocation
- Mandatory DUI education and substance abuse treatment
- Installation of an ignition interlock device
- Probation and community service requirements
Even a misdemeanor DUI can affect employment, insurance rates, and driving privileges long after the case concludes.
Felony DUI
Felony DUI penalties in Florida are substantially more severe and may include:
- Up to five years in prison for a third-degree felony DUI
- Lengthy prison sentences for DUI manslaughter convictions
- Substantial fines and court costs
- Long-term or permanent driver’s license revocation
- Mandatory ignition interlock device requirements upon reinstatement
Felony DUI convictions often result in additional collateral consequences, such as difficulty finding employment, loss of professional licenses, and long-term financial strain.
Collateral Consequences of a Florida DUI
Beyond criminal penalties, a DUI conviction can create long-term challenges that affect many areas of life. These collateral consequences often persist well after any jail sentence or probation period ends.
Common collateral consequences of a Florida DUI include:
- Difficulty obtaining or maintaining employment
- Increased auto insurance premiums or policy cancellation
- Loss or suspension of professional licenses
- Housing and rental application challenges
- Restrictions on driving privileges, even after license reinstatement
Felony DUI convictions may also result in the loss of certain civil rights and can follow an individual indefinitely through background checks.
What To Do if You’re Facing DUI Charges in Florida
Being charged with a DUI in Florida can carry immediate and long-term consequences. Taking thoughtful steps early in the process can help preserve important rights and clarify what to expect as the case moves forward.
If you are facing a charge, you should:
- Review the specific DUI charge and any prior convictions that may affect how the case is classified
- Track deadlines related to administrative driver’s license suspension and formal review hearings
- Preserve and organize all paperwork, citations, and notices received following the arrest
- Review the circumstances surrounding any field sobriety, breath, or blood testing
- Consider contacting a Florida DUI lawyer to discuss the charge, potential defenses, and legal options
Because DUI cases can vary based on the facts and prior history, understanding the charge and taking informed action early is critical.
Contact Grajek Criminal Defense Attorneys for DUI Defense Help
Whether a DUI is a felony in Florida depends on the specific facts of the case, including prior convictions, timing, and whether the incident involved serious injury or death. While many DUI charges begin as misdemeanors, repeat offenses and aggravating circumstances can quickly elevate the charge to a felony with far more severe penalties.
If you have been charged with a DUI, contact Grajek Criminal Defense Attorneys as soon as possible to schedule a time to speak with a Lakeland criminal defense lawyer.
For more information, contact the Lakeland DUI attorneys at Grajek Criminal Defense Attorneys for a free consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606