Florida drunk driving arrests are charged as either misdemeanors or felonies. How a prosecutor chooses to charge a DUI / DWI offense depends on the facts of the case. A Florida attorney who concentrates on defending drinking and driving cases will review the facts of the case to determine how each case is likely to be charged.

Many Florida DUI / DWI arrests, especially first offenses, result in misdemeanor charges.  However, some drunk driving arrests are charged as felonies, and carry far more serious repercussions. The two categories of charges are defined by the punishment – felonies can bring a year or more in prison, while misdemeanors are punishable by up to a year in county jail.  

In Florida, an accused drunk driver who was involved in an accident causing serious injury or death will face felony charges. Also, any driver facing a third DUI / DWI charge within 10 years or a fourth or subsequent drinking and driving charge at any time will be charged with a felony.

Drunk drivers who cause serious injury or death are always charged with a felony. However, an experienced drunk driving defense attorney may be able to have a felony DUI / DWI with injury charge reduced to a misdemeanor through a plea bargain.

Prior drinking and driving convictions can also elevate a DUI / DWI arrest to a felony. A motorist arrested on a third drunk driving charge within 10 years or a fourth or subsequent offense at any time will be charged with a felony, even if no injury or accident occurred. The prior convictions must be specifically pleaded in the complaint and proven in court to support the felony charge. Even prior drinking and driving charges that were reduced may count in this calculation.

DUI / DWI that results in the death of a passenger, another driver, or a pedestrian will result in extremely serious felony charges. Felony drunk driving which results in death is charged in one of two ways – vehicular homicide or manslaughter

Vehicular homicide is a second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000. Vehicular homicide charges are brought when the death resulted from ordinary negligence. 

Manslaughter is also a second-degree felony that is charged when a death stemmed from criminal negligence. Criminal negligence in a drunk driving case is defined as the knowledge that an individual’s actions were likely to result in death. Manslaughter also is punishable by up to 15 years and a fine of up to $10,000.

Leaving the scene of an accident that results in death will elevate both a vehicular homicide and a manslaughter charge to a first-degree felony punishable by up to 30 years in prison and a fine of up to $10,000.