A Florida drunk driving arrest can result in either misdemeanor or felony charges. Most first and second DUI / DWI arrests are result in misdemeanor charges. However, a driver who is involved in an accident, who kills or injures another person, or who is arrested for a third drinking and driving offense within 10 years or a fourth DUI at any time will face felony charges. A Florida criminal defense attorney who focuses on drunk driving cases can analyze the facts of a driver’s arrest to determine how it is likely to be charged.

The court punishment an accused DUI / DWI driver faces depends on whether the offense is charged as a felony or a misdemeanor.  A felony conviction carries consequences that are more severe than misdemeanor defendants.

In some drunk driving cases that are initially charged as felonies, the prosecutor may offer a plea bargain that reduces the felony to a misdemeanor. A plea bargain that involves a reduction from a felony to a misdemeanor is always a good deal for the driver. A defendant who is offered this type of plea bargain faces far fewer penalties than one convicted of a felony.

A driver arrested for a first-time DUI / DWI in Florida will face up to six months in jail,  a $250 to $500 fine, one year of probation, a six-month to one-year license suspension, and a vehicle impoundment of up to 10 days. Drivers who had a blood alcohol content (BAC) of .20 percent or greater or who had a child in the car at the time of arrest face up to nine months in jail and a $1,000 fine.

In addition, the DMV will suspend the driver’s license for six months upon learning of a first-time misdemeanor DUI / DWI conviction. If the driver refused a chemical test, his or her license can be suspended for one year.

A driver arrested for a second misdemeanor DUI / DWI within 10 years faces more severe penalties. The motorist faces up to nine months in jail and a fine of up to $1,000. The length of the driver’s license suspension is the same as for a first-time drunk driving conviction unless it’s the driver’s second offense within five years. If that’s the case, the driver faces a mandatory five-year license suspension. If the driver had a BAC of .20 or greater, he or she faces up to one year in jail and a $2,000 fine.

A third misdemeanor drunk driving arrest within 10 years can bring one year in jail and a fine of up to $2,500. The driver’s license will be suspended for 10 years. If the motorist’s BAC was .20 or greater, the fine amount may increase to up to $5,000.  

Although many Florida DUI / DWI cases are charged as misdemeanors, certain facts can elevate the case to a felony. If there was an accident and someone other than the driver was injured, the motorist will face felony charges. Motorists facing a third drunk driving charge within 10 years or a fourth offense at any time also may be charged with a felony.

If a DUI / DWI charge is upgraded to a felony because it is a third offense in 10 years, the driver faces a sentence of one year in jail in addition to fines, assessments, penalties, and probation. Drivers charged with a felony because of a fourth offense face up to five years in jail. Both offenses carry a lifetime driver’s license revocation.