Florida criminal charge
Driving under the influence; penalties in Florida
Driving under the influence; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 316.193. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 316.193.
How is driving under the influence; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| DUI, third conviction within 10 years | Felony of the Third Degree | A third DUI conviction for an offense occurring within 10 years after a prior conviction under this section is a third-degree felony. | Fla. Stat. § 316.193(2)(b)1. |
| DUI, fourth or subsequent conviction | Felony of the Third Degree | A fourth or subsequent DUI conviction, regardless of when any prior conviction occurred, is a third-degree felony. | Fla. Stat. § 316.193(2)(b)3. |
| DUI with property or personal damage | Misdemeanor of the First Degree | A DUI violation causing or contributing to damage to the property or person of another is a first-degree misdemeanor. | Fla. Stat. § 316.193(3)(c)1. |
| DUI with serious bodily injury | Felony of the Third Degree | A DUI violation causing or contributing to serious bodily injury to another is a third-degree felony. | Fla. Stat. § 316.193(3)(c)2. |
| Unauthorized vehicle immobilization violation | Misdemeanor of the First Degree | A person who violates the conditions and restrictions governing immobilization agencies and personnel under paragraph (a) commits a first-degree misdemeanor. | Fla. Stat. § 316.193(13)(c) |
Common questions about driving under the influence; penalties in Florida
Is driving under the influence; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: driving under the influence; penalties ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 316.193.
DUI, third conviction within 10 years: Felony of the Third Degree (Fla. Stat. § 316.193(2)(b)1.) · DUI, fourth or subsequent conviction: Felony of the Third Degree (Fla. Stat. § 316.193(2)(b)3.) · DUI with property or personal damage: Misdemeanor of the First Degree (Fla. Stat. § 316.193(3)(c)1.) · DUI with serious bodily injury: Felony of the Third Degree (Fla. Stat. § 316.193(3)(c)2.) · Unauthorized vehicle immobilization violation: Misdemeanor of the First Degree (Fla. Stat. § 316.193(13)(c))
Which Florida statute covers driving under the influence; penalties?
Driving under the influence; penalties is governed by Fla. Stat. § 316.193 (Driving under the influence; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.