There are several sets of circumstances that can elevate a DUI from a misdemeanor to a felony charge. These include:
Incurring three DUI convictions within a ten year period
Incurring four DUI convictions regardless of the time span
Causing a traffic crash involving serious bodily injury to another
Causing a traffic crash that resulted in the death of another
Three Drunk Driving Convictions within 10 years
In Florida a third DUI conviction within a ten year period is considered a third degree felony. This means that a person arrested for a third DUI within 10 years faces up to five years in state prison and additionally, a mandatory minimum term of imprisonment of at least 30 days in addition to a $4,000 fine and a 10 year driver's license revocation.
Four DUI Convictions
A fourth conviction for DUI in Florida is considered a felony no matter when the prior offenses occurred. A person convicted of a fourth DUI in Florida is facing a possible 5 years in state prison and a $4,000 fine in addition to a lifetime driver's license revocation.
DUI Resulting In Serious Bodily Injury
Among the most serious DUI cases are those where someone is seriously injured. No one ever wants to be involved in such a horrific situation, but if you are being charged with a DUI involving serious bodily injury, then you must contact an experienced and knowledgeable DUI attorney as soon as possible. A person charged with a DUI resulting in serious bodily injury will be charged with a third degree felony and faces a maximum sentence of up to five years in state prison. "Serious bodily injury" is defined as "a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (See Fla. Stat. 316.1933)
DUI Manslaughter
The most serious of all DUI cases is one where there was a fatal accident. If you are facing a charge of DUI Manslaughter, it is imperative that you retain an experienced and effective DUI defense attorney as soon as possible. A person being charged with DUI Manslaughter faces a second degree felony which could be elevated to a first degree felony if there is also a failure to render aid. A person convicted of DUI manslaughter faces a mandatory minimum of 4 years in state prison.
All DUI cases must be taken seriously but felony DUI cases must be taken the most serious of all because the consequences are so great. Fort Lauderdale felony DUI attorney Antonio D. Quinn, Esq. has experience handling all types of DUI cases in South Florida and will fight to protect your driving privileges as well as your criminal record.