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What makes a DUI or DWI a felony?

Whitney S. Boan Protecting Your Right

Video Transcript

In Florida a DUI can become a felony based on a couple of different theories. First of all, if you have a third DUI conviction or a third DUI charge, I should say, within 10 years of your last prior conviction for DUI or your second DUI conviction you could be charged with a felony DUI. Any fourth charge for DUI meaning anything three prior charges or convictions for DUI could render you exposed to felony prosecution for DUI regardless of when the prior three convictions even occurred.

The other way that you could be charged with felony in a DUI case is if you cause serious bodily injury or it’s believed that you caused serious bodily injury while driving under the influence of alcohol. Lastly, if anyone is involved in an accident and they are believed to be driving under the influence of alcohol and that accident results in the death of another individual you could be charged with DUI manslaughter, which is also a felony DUI under Florida law.

Consult with a lawyer to see whether or not you’re exposed to felony or misdemeanor prosecution relative to any DUI charge that you’re facing.