Misdemeanors and felonies – what does it really mean for someone who was driving under the influence?
No one who is drunk and who gets behind the wheel of a vehicle thinks to themselves, “I wonder if I’ll face misdemeanors or felonies if I get caught for drunk driving?”
But it’s not unusual to get behind the wheel and think, “I hope I don’t get stopped by a cop.”
Regardless of the questions a drunk driver may ask themselves before driving – or during their ride – if they are driving under the influence of alcohol, they are breaking the law – and certainly subject to misdemeanors or felonies – along with possible fines, jail time and loss of their drivers license.
Drunk driving in West Palm Beach is a serious crime.
The reason?
Drunk driving can easily lead to vehicle damages and property damages as well as injuries or death to the person driving, their passengers, other drivers and pedestrians. Laws are intentionally strict so that they hopefully deter drunk driving – and appropriately penalize those that do drive drunk.
According to the National Highway Traffic Safety Administratio (NHTSA), “alcohol is a substance that reduces the function of the brain, impairing thinking, reasoning and muscle coordination.” In 2023, the most recent full year reported by the NHTSA, there were approximately 5,081 alcohol-only, drunk driving-related crashes in Florida.
There were over 3,048 injuries and 331 fatalities. Simply put, your ability to see, comprehend and react to the world around you is greatly reduced, putting yourself and others at serious and life-changing risk. The Florida Highway Safety and Motor Vehicles outlines the penalties for a DUI:
- For any DUI conviction, your driver’s license will be revoked for a minimum of 180 days.
- If you refuse to take a required roadside test at the time of arrest, your license will be automatically suspended for one year.
- Fines for DUI can range from $500 to $5,000 with mandatory DUI school education.
- Penalties can include an ignition interlock device, community service, probation or imprisonment.
- DUI convictions must remain on your record for 75 years.
As the Florida Highway Safety and Motor Vehicles website states, “FHP and law enforcement officers statewide are trained to spot the signs of impaired driving and are constantly monitoring Florida’s roadways to keep everyone safe.
While it is their duty to keep our roadways safe, it is also every driver’s responsibility to do their part.” If you were arrested after driving under the influence of alcohol, the charges you face will be based on the circumstances of your traffic stop or accident. Factors in how you may be charged may include, but are not limited to:
- What your blood alcohol content level (BAC) was
- Whether you refused a breathalyzer test, failed a field sobriety test, or complied with the arresting officer
- Was this a first time offense, or a repeated offense
- Were other people injured or died due to the accident
Is my drunk driving charge a misdemeanor? If there are no accidents or serious injuries during your DUI, it will be classified as a misdemeanor. A misdemeanor is considered a crime punishable with jail time for less than a year.
While misdemeanors are considered “less serious” they are still crimes that result in possible consequences that include fines and imprisonment.
Most first and second DUI offenses are classified as misdemeanors. The penalties for a misdemeanor DUI can include fines, jail time, probation, community service, license suspension, and mandatory DUI school.
For example:
- First Offense: Up to 6 months in jail, fines between $500 and $1,000, and a license suspension of 180 days to one year.
- Second Offense: Up to 9 months in jail, fines between $1,000 and $2,000, and a mandatory license revocation of at least five years if it occurs within five years of the first offense.
Is my drunk driving charge a felony?
If your DUI caused an accident and injuries – or if you are charged with your third DUI – then it is considered a felony. As you would assume, felony offenses have even more severe penalties, such as vehicle impoundment, license revocation, much longer jail time and substantially higher fees.
A DUI is elevated to a felony under several conditions:
- Third Offense within 10 Years: A third DUI within 10 years of any prior DUI conviction is classified as a third-degree felony. This can result in up to 5 years in prison, fines up to $5,000, and a 10-year license revocation.
- Fourth or Subsequent Offense: Any fourth or subsequent DUI, regardless of the time frame, is classified as a felony..
- DUI with Serious Bodily Injury: If a DUI results in serious bodily injury to another person, it is classified as a third-degree felony, with penalties including up to 5 years in prison and fines up to $5,000.
- DUI Manslaughter: Causing the death of another person while driving under the influence is classified as DUI manslaughter, a second-degree felony, which can result in up to 15 years in prison and fines up to $10,000. If the driver leaves the scene of the accident, the charge can be elevated to a first-degree felony, with up to 30 years in prison.
What about administrative penalties?
In addition to criminal penalties, DUI offenses in Florida carry administrative penalties such as immediate license suspension upon arrest if the driver’s BAC is 0.08% or higher, or if the driver refuses to take a breathalyzer test. How will I get to work?
You may be eligible for a hardship license, allowing you to drive to work, school, or other necessary activities. Completing a DUI education program is often required to obtain this. And what about my insurance rates? A DUI conviction typically leads to significantly higher car insurance rates.
You may also be required to carry SR-22 insurance, which is a certificate of financial responsibility. Drink, drive and face the consequences. The classification of a DUI in Florida as a misdemeanor or felony depends on the specifics of the offense and the driver’s prior record.
The consequences are severe and can have long-lasting impacts on an individual’s life, emphasizing the importance of understanding the law and seeking appropriate legal counsel if charged with a DUI.
If you were charged with a DUI in West Palm Beach, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here. The Pakett Law Group, PA is committed to providing our clients with the highest quality representation.
With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.