Felony DUI

The criminal defense attorneys at Sammis Law Firm, represent clients charged with both felony and misdemeanor crimes related to drunk or impaired driving.

Call 813-250-0500 to speak with an experienced DUI defense attorney in Tampa, FL.

When is a DUI case a felony? Although most DUI cases in Hillsborough County, FL, are classified as a misdemeanor, felony charges are filed for the following types of offenses:

  • a third DUI within 5 years of any prior conviction;
  • a fourth DUI in your lifetime;
  • DUI causing serious bodily injury;
  • DUI manslaughter.
  • DUI with leaving the scene of the crash with non-serious injury;
  • DUI with leaving the scene of a crash with serious bodily injury; or
  • DUI with leaving the scene of a crash with death.

Felony for Third DUI within 10 Years

A third DUI within ten years of any prior DUI conviction is punishable:

  • as a third-degree felony;
  • up to five years in Florida State Prison;
  • fine between $2,000 and $5,000;
  • mandatory imprisonment of at least thirty (30) days in jail;
  • an ignition interlock device for two years after the person becomes eligible for a driver’s license;
  • vehicle impoundment or immobilization for 90 days; and
  • minimum 10-year revocation, although the driver may be eligible for hardship reinstatement after two years of no driving for any reason.

Fourth DUI in a Lifetime

Under Florida Statute 316.193(1) and (2)(b)(3), a fourth or subsequent DUI is charged as a third-degree felony punishable:

  • as a third-degree felony;
  • up to five years in Florida State Prison;
  • fine between $2,000 and $5,000;
  • lifetime driver’s license revocation with the possibility of hardship reinstatement after five years.

DUI with Serious Bodily Injury

Under Florida Statute Section 316.193(3), any person who causes serious bodily injury while driving under the influence of alcohol or a controlled substance can be charged with a third-degree felony, punishable with a $5,000 fine and/or up to 5 years imprisonment, and a minimum 3-year revocation of the driver’s license.

DUI Manslaughter

Under Florida Statute 316.193(1) and (3)(c)(3), the crime of DUI Manslaughter is a second-degree felony punishable by:

  • up to fifteen years in Florida State Prison;
  • a minimum sentence as determined by the score sheet which calls for at least 124.5 months in prison;
  • a fine of up to $10,000; and
  • a permanent driver’s license revocation.

Felony DUI Leaving the Scene with Injury, SBI, or Death

If you were charged with felony DUI after leaving the scene of an accident involving non-serious injury, serious bodily injury, or death, the penalties depend on the type of injury that occurred.

If the crash involved non-serious injuries to another person, the DUI offense can be charged as a third-degree felony, with penalties of up to 5 years in prison or 5 years of probation, and a $5,000 fine.

If the crash involved serious bodily injuries to another person, the DUI offense can be charged as a second-degree felony, with penalties of up to 15 years in prison and a $10,000 fine.

If anyone died in the crash, the crime can be charged as a first-degree felony with a penalty of up to 30 years in prison and a $10,000 fine with a minimum of two years in prison.

Finding a Felony DUI Attorney in Tampa, FL

If you are charged with a felony DUI, then contact one of the attorneys at Sammis Law Firm in Tampa, Hillsborough County, FL. During the free consultation, we can discuss possible strategies to avoid these harsh penalties.

Find out more about whether the DUI will be charged as a felony or a misdemeanor.

We represent clients charged with a first DUI in Hillsborough County, FL, or a second or subsequent offense. Whether you took a breath test, urine test, blood test, or refused chemical testing, we can help.

Call (813) 250-0500.


This article was last updated on Friday, June 28, 2019.