When is a DUI Escalated to a Felony from a Misdemeanor?

Facing DUI charges in Florida is very scary. The majority of DUI charges in the state are misdemeanors, particularly those for a first and second offense. However, there are certain situations that can elevate a misdemeanor DUI to a felony. If you are facing felony charges, it is imperative that you work with a Fort Lauderdale DUI lawyer when defending your case. Felony convictions have much more severe consequences than convictions for a misdemeanor, including lengthy prison sentences. A strong defense is critical to help you avoid felony charges and protect your future.

Multiple Offenses 

One of the most common reasons a misdemeanor DUI is elevated to a felony offense is when the defendant has multiple DUI convictions on their criminal record. When a person has two or more previous DUI convictions within ten years, a misdemeanor DUI can be elevated to a felony DUI. Subsequent convictions will always have harsher penalties.

DUI Manslaughter 

When a person drives under the influence and causes the death of someone else, it is considered DUI manslaughter. DUI manslaughter is always a second-degree felony in Florida and the penalties associated with a conviction are very serious, including long prison sentences.

DUI Causing Serious Bodily Injury 

If someone is driving under the influence and causes an accident that results in another person suffering serious bodily injury, it can result in a third-degree felony charge. A serious bodily injury is typically defined as an injury that results in significant physical impairment or creates a significant risk of death.

DUI Causing Significant Property Damage 

Any DUI accident that results in significant property damage can result in felony charges. Property damage can include damage to other vehicles or damage to private property such as lampposts, fencing, a home or a storefront.

Driving with a Minor 

Driving while under the influence and with a minor child in the vehicle can also lead to a felony charge. This is known as ‘child endangerment’ and the legal system takes this very seriously. Anyone under the age of 18 years old can be considered a minor and lead to a felony charge.

Driving in a School Zone 

Driving while under the influence and while in a school zone can result in enhanced penalties, including a felony charge. School zones usually have stricter rules, including DUI offenses.

Driving Without a Valid License 

Individuals who are arrested for a DUI while their driver’s license is revoked or suspended may face a felony charge. This is particularly true if the suspension or revocation was due to a DUI charge.

Our DUI Lawyers in Fort Lauderdale Can Help with Your Case 

At Haber Blank, LLP, our Fort Lauderdale DUI lawyer can help with your DUI case. We can help reduce your charge to a misdemeanor and prepare the defense you need to beat the charges and protect your freedom. Call us now at 954-767-0300 or chat with us online to schedule a consultation with one of our experienced attorneys and to learn more about how we can help with your case.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html