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What Aggravating Factors Make DUI a Felony in FL?

DUI offenses are generally misdemeanor charges in Florida, but there are circumstances and factors that can increase the charges to a felony. Aggravated DUI and felony DUI are often interchangeable terms in Florida and the penalties are harsh if convicted. Do not try to fight your charges alone, contact Kinsell & Whitaker without delay. If you are facing felony DUI charges, it is essential to team up with a Gainesville DUI attorney right away. Some of the factors that can increase a DUI charge to a felony include:

  • Having two previous DUI convictions within 10 years
  • The offense resulting in serious bodily injury of another person
  • The offense resulting in the death of another person

Depending on the specifics of your offense, you could be facing a third degree, second degree or first degree felony charge. For the classification of offenses, take a look at Florida Statute 316.193. The penalties for felony DUI offenses are much harsher than misdemeanor offenses. If you are facing a third degree felony, you are at risk of between one and five years in prison plus fines. A second degree felony DUI is punishable by between four and 15 years in prison plus fines. A first degree felony has various penalties depending on the exact offense; the maximum prison sentence can be 30 years or even life in prison. The fines involved in felony DUI offenses could reach $5,000. DUI offenses are serious in Florida, be sure to seek the aggressive representation that you need. Kinsell & Whitaker has years of experience taking on DUI cases, including felony DUI, and we can help. Contact our firm to set up a free initial consultation or fill out an online case evaluation form now to get started.