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Florida Felony DUI

"Am I facing jail time?" At the Whited Law Firm, this is a question we often hear from people after a second, third or fourth drunk driving arrest. People realize that the penalties become more severe with each arrest, but they are often shocked to find out how much really is at risk.

If a person has three prior convictions for DUI (including convictions for drunk driving in other states), the person may be prosecuted for Felony DUI. It is a third-degree felony, level-six offense, which means that you could face as many as five years in the state prison. Florida's Sentencing Guidelines apply. The mandatory minimum fine is $1,000 and cannot exceed $5,000.

Driver's License Suspension

A fourth or subsequent conviction will result in a mandatory permanent driver's license suspension. For many Florida residents, losing a driver’s license has an especially severe impact on their lives. Without a driver’s license, it is difficult for many people to get to work. If you drive for a living and lose your CDL, you could lose your income.

At the Whited Law Firm we are a full-service DUI law firm. When we take your case, we handle all aspects of it, including your defense in criminal proceedings as well as administrative hearings to protect your driver’s license.

What happened in the past does matter. As of July 1, 2002, a third conviction for DUI is a felony if the date of the current offense is within 10 years of the second conviction. This means that past DUI convictions can count against you — even if they happened 10 years ago. That's why it is important to take a DUI arrest seriously, even if it is your first offense. Many people plead guilty to a misdemeanor first DUI offense. When the unthinkable happens and they are arrested again, they face more serious consequences than they would if they had fought the first DUI.

DUI - Serious Injury

Under Florida law, a person who causes or contributes to the cause of a crash involving serious injury is subject to being charged with a DUI - Serious Injury. DUI - Serious Injury is a third-degree felony, level-seven offense, which means that penalties are severe. If convicted, you could be subject to a maximum of five years in the state prison. Under the Florida Sentencing Guidelines, a minimum mandatory sentence applies and is calculated based on various factors, including victim injury points. The more serious the personal injury, the more points earned. The mandatory fine for DUI - Serious Injury is the same as for felony DUI.

DUI - Manslaughter

If the person is driving under the influence and causes or contributes to the cause of a crash involving death, the person is subject to being charged with DUI - Manslaughter. It is a second-degree felony, level-eight offense, subject to 15 years in the state prison. The Florida Sentencing Guidelines apply. Without going into the details, a single death carries a minimum of approximately 10 years in prison. There is a mandatory permanent revocation of the driver’s license.

Driver's License Revocation

If convicted of DUI - Serious Injury, you will also face a mandatory minimum three-year driver's license revocation. The mandatory license revocation period for DUI-manslaughter is lifetime revocation. For many Florida residents, losing a driver’s license has an especially severe impact on their lives. Without a driver's license, it is difficult for many people to get to work. If you drive for a living and lose your CDL, you could lose your income. At the Whited Law Firm, in Daytona Beach, we are a full-service DUI law firm. When we take your case, we handle all aspects of it, including your defense in criminal proceedings as well as administrative hearings to protect your driver’s license.