Types of DUI
Most DUI types and their charges in Florida can be found under Florida Statutes Section 316.193 which can be read here. However, depending on a number of variables, including enhancements, prior record, and special circumstances, the type of DUI you may have been charged with may carry additional consequences.
- Misdemeanor DUI:If you are a first time offender, and unless you have additional special circumstances, you will be charged with a Misdemeanor offense. Most of the penalties you will face are required to be imposed in every case with limited exceptions.
- Felony DUI: If you are charged with a third DUI within 10 years of your last offense, you will be facing a Third Degree Felony in Florida, punishable by a minimum jail sentence of 30 days up to 5 years in prison.
- Juvenile/Underage DUI:The minimum age to consume alcohol in Florida is 21. If you are under 21 and drive with even the slightest amount of alcohol in your system, you should know the consequences of that choice.
- DUI with Child Passenger:The same section and penalties used with a BAC Level over 0.15 also apply to situations where one or more of your passengers is under the age of 18 years old. See this chart for more details on those enhancements.
- DUI with Serious Bodily Injury:If during what would otherwise be a Misdemeanor DUI, your impaired driving cause serious bodily injury to another person, your charge will be elevated to a Third Degree Felony, and you face up to 5 years in prison and/or probation, as well as other serious consequences.
- DUI Manslaughter:If during what would otherwise be a Misdemeanor DUI, your impaired driving causes the death of any human being or viable fetus, you can be convicted of DUI Manslaughter.
- Other Charges Related to DUI:In most cases, a person charged with a DUI will face some additional charges besides their DUI. The reasons for this vary, but are inherently tied in some way to the stop and/or arrest of a person charged with a DUI.
- Boating While Intoxicated:Lest you think Florida is only concerned with protecting its well-traveled roadways from impaired drivers, our state also wants to be sure we can all safely enjoy the numerous waterways of The Sunshine State.
- DUI with BAC over .15:If you are a first time offender, and unless you have additional special circumstances, you will be charged with a Misdemeanor offense. Most of the penalties you will face are required to be imposed in every case with limited exceptions.
- DUI with Property Damage:If you caused damage to the property or person of another, without causing death or serious bodily injury, this too is a Misdemeanor offense.
- Commercial Vehicle DUI: If you hold a Commercial Vehicle Driver’s License (CDL), all of the potential charges and penalties for a DUI are applicable to your case.