Felony DUI Attorney in Jacksonville

First Determine Why Florida Is Treating the DUI as a Felony

A DUI does not become a felony simply because the alleged blood alcohol level was high or because the arrest appears serious. Florida law elevates DUI to felony status in specific circumstances involving repeat convictions, serious bodily injury, or death.

That distinction matters because the penalties, license consequences, and defense issues are different depending on why the charge became a felony.

At Owenby Law, P.A., our Jacksonville criminal defense team has served Northeast Florida for more than two decades. Our attorneys bring more than 125 years of combined legal experience, and our broader DUI defense practice includes representation in serious and repeat-offense matters.

When Does a DUI Become a Felony in Florida?

Florida Statute § 316.193 provides several paths by which a DUI can be prosecuted as a felony.

Third DUI Within 10 Years

A third DUI becomes a third-degree felony when the new offense occurs within 10 years after a prior DUI conviction.

The timing matters. A third DUI occurring outside that statutory period is treated differently under Florida law, even though it can still carry substantial penalties.

Fourth or Subsequent DUI

A fourth or subsequent DUI is a third-degree felony regardless of when the earlier DUI convictions occurred.

DUI Causing Serious Bodily Injury

A person who drives under the influence and, by operating the vehicle, causes or contributes to causing serious bodily injury to another person can face a third-degree felony.

This type of case adds an issue that ordinary DUI cases do not necessarily involve: causation. The State must address not only alleged impairment but also the connection between the driving and the serious injury.

DUI Manslaughter

When DUI causes or contributes to causing the death of another human being, Florida law treats the offense as DUI manslaughter.

DUI manslaughter is generally a second-degree felony and carries a four-year mandatory minimum prison sentence. Florida law can elevate the offense to a first-degree felony in specified circumstances, including when a driver knew or should have known a crash occurred and failed to provide the information and aid required by law.

Felony DUI Penalties Depend on the Type of Charge

There is no single penalty package that applies to every felony DUI.

A third-degree felony is ordinarily punishable by up to five years in prison and a fine of up to $5,000, although sentencing can be affected by the precise offense, criminal history, sentencing rules, and other statutory provisions.

Beyond that general classification, Florida DUI law imposes different mandatory consequences depending on the case.

Third DUI Within 10 Years

For a third or subsequent DUI offense occurring within 10 years after a prior DUI conviction, Florida law requires at least 30 days of imprisonment, with at least 48 hours served consecutively.

The court also generally orders 90 days of vehicle impoundment or immobilization, subject to statutory provisions governing how and when that sanction applies.

A third DUI within 10 years also carries a driver's-license revocation of at least 10 years. If the person later qualifies for a restricted or restored driving privilege, ignition-interlock requirements can apply, including a minimum two-year period for a third DUI.

Fourth or Subsequent DUI

A fourth DUI is a third-degree felony regardless of the time between convictions.

Florida law provides for permanent driver's-license revocation after a fourth DUI conviction. Separate statutory provisions govern whether a person with a permanent revocation may ever seek limited reinstatement and what conditions must be satisfied.

DUI Causing Serious Bodily Injury

DUI causing serious bodily injury is also a third-degree felony, but it does not automatically carry the same 30-day mandatory jail term that applies to a qualifying third DUI within 10 years.

A conviction for DUI causing serious bodily injury generally carries a minimum three-year driver's-license revocation. A longer revocation may apply when the person also has prior DUI convictions that trigger Florida's repeat-offender rules.

DUI Manslaughter

DUI manslaughter carries a mandatory minimum prison term of four years.

A DUI manslaughter conviction also results in permanent driver's-license revocation. Florida provides a limited procedure through which some individuals without prior DUI-related convictions may later seek restricted reinstatement after satisfying strict statutory requirements.

A Felony Conviction Can Have Consequences Beyond the Sentence

A felony DUI conviction can affect much more than incarceration, fines, and driving privileges.

An adjudication of guilt creates a felony criminal record that can appear in background checks and may affect employment, professional licensing, housing, firearm rights, and other areas of life.

A felony DUI conviction also cannot simply be erased through Florida's ordinary court-ordered sealing or expungement process after an adjudication of guilt.

Those collateral consequences make it important to evaluate both the underlying DUI allegation and the facts the State relies on to elevate the charge to felony status.