Is DUI a felony?

DUI is usually a misdemeanor with extremely serious consequences, fines, penalties and even the possibility of jail time. However, those consequences are ratcheted up when your DUI carries with it certain factors or aggravators that will make it a felony.

There are two ways your DUI can become a felony:

1. This is not your first DUI and you have multiple convictions:

  • Third DUI within 10 years of the second conviction
    • Mandatory 30 days in jail
    • Third-degree felony, maximum sentence of 5 years in prison
    • $2,000 — $5,000 fine
    • 10-year driver’s license revocation
  • Fourth or subsequent conviction
    • Maximum prison sentence of 5 years
    • Permanent driver’s license revocation with no possibility of hardship reinstatement
    • Minimum $2,000 fine

2. Aggravating factors such as serious bodily injury or death:

  • Cause serious bodily injury
    • Third-degree felony
    • Maximum 5 years in prison
    • $5,000 fine (max)
    • Minimum 3-year revocation
  • DUI Manslaughter
    • Second-degree felony
    • Maximum 15 years in prison
    • $10,000 fine (max)
    • Mandatory permanent revocation, may be eligible for hardship reinstatement in 5 years if no prior related DUI convictions
  • DUI Manslaughter and Leaving the Scene
    • First-degree felony
    • $10,000 fine (max)
    • 30 years in prison

If you or someone you love is being charged with a felony, do not wait. Enlist the services of a Miami DUI attorney that will fight for your rights and leave no stone unturned in his defense. Call (305) 707-7345 to schedule a consultation, I am here to help.