Driving under the influence (DUI) charges are often misdemeanor offenses. Unless there are significant aggravating factors present, a drunk driving offense is usually a misdemeanor.
Common aggravating factors that lead to harsher charges include the presence of children in the vehicle or allegations that a drunk driver caused injuries to others, including fatal injuries. For some people, the only aggravating factor present in a DUI case is a prior conviction.
Florida state prosecutors can bring felony charges against those who have previous DUI convictions. At what point does a DUI become a felony due to prior offenses?
When new charges occur quickly
The amount of time between criminal charges directly influences the charges brought in the subsequent DUI case. For those accused of a third DUI offense within 10 years of their second conviction, the state can pursue a third-degree felony charge.
Drivers may have served their sentence and gotten their license back years ago, but they can be at risk of felony charges for another DUI arrest. The record of the offense is more serious, and the penalties the courts may impose also increase.
When drivers have three prior convictions
Regardless of how much time passes between DUI charges, fourth and subsequent DUI offenses are always felony offenses. Even if it has been 15 years or longer since a person’s last arrest, three or more prior convictions are enough to warrant felony charges without any other aggravating factors.
Anyone accused of a DUI, but especially those facing felony DUI charges, may require the help of a criminal defense attorney. Discussing one’s case with a lawyer can help those accused of impaired driving understand their charges and potential responses.