Is a DUI a Felony in Florida? A Plain Answer

Is a DUI a felony in Florida in 2026? The outcome depends on the facts and the applicable law. A DUI becomes a felony only when a specific condition in Florida law is met, such as certain repeat-offense counts or a crash that causes serious bodily injury. Whether any condition applies depends on the facts and the applicable law.

This page gives general information from Patrick Wilson Law, PLLC. It is not legal advice about any one case. Patrick David Wilson is the responsible lawyer for this content.

Short Answer: When a DUI Can Be a Felony in Florida

A DUI can be a felony only when a condition in the statute is met. Those conditions include certain repeat-offense counts and a DUI that causes serious bodily injury to another person. The offense itself is defined in Fla. Stat. § 316.193. That statute covers driving, or being in actual physical control of a vehicle in Florida, while impaired by alcohol, certain chemicals, or controlled substances. Your charging papers and arrest record may show which conditions, if any, the state says apply. Reading those documents is the first step you can take.

How Florida Classifies DUI Offenses Under Section 316.193

Florida sorts every crime into a felony or a misdemeanor, and the DUI statute works inside that system. Under § 775.081, felonies are capital, life, first-degree, second-degree, or third-degree. Misdemeanors are first-degree or second-degree. A crime that is called a felony without a degree stated is a third-degree felony.

The degree sets the statutory maximum. Under Florida law, a third-degree felony may carry a prison term of up to 5 years, depending on the facts of the case and applicable law. A first-degree misdemeanor may carry up to 1 year, and a second-degree misdemeanor up to 60 days. Fines have caps too. Fla. Stat. § 775.083 sets the limit at $5,000 for a third-degree felony and $1,000 for a first-degree misdemeanor.

These are maximums, not sentences. The actual penalty depends on the facts and applicable law. Read the current statute for exact wording, because a summary can leave out a condition.

Third DUI Cases and License Revocation

Repeat offenses are one way a DUI can become a felony. The count depends on timing and on the prior records involved. The DUI statute uses prior convictions, so the dates of earlier cases matter.

License rules work separately from the criminal count. Fla. Stat. § 322.28 says that upon a third conviction for an offense within 10 years after a prior § 316.193 conviction, the license “shall be revoked for at least 10 years.” Whether and how that applies depends on the facts and applicable law. The same section also counts certain out-of-state DUI convictions for some of its license paragraphs.

Do not assume a prior case does or does not count.

Other Facts That May Raise a DUI to a Felony

A DUI that causes serious bodily injury to another person is a separate path to a felony charge. Other statutory factors can apply in specific situations. This page does not list them all, because each one depends on its own wording and the facts.

Florida also has a separate blood-test rule for crashes involving death or serious bodily injury. That rule appears in § 316.1933. Section 316.1933 addresses blood testing when an officer has probable cause to believe that a vehicle driven by, or in the actual physical control of, a person under the influence caused the death or serious bodily injury of a human being, and whether that provision applies in a given case depends on the facts and applicable law.

DUI resulting in death, sometimes called DUI manslaughter, is addressed within § 316.193 itself. This page does not cover them.

Checking the Current Version of Florida DUI Law

The phrase “in 2026” asks about the law in effect now, and this page does not describe any change to that law as established fact.

Check the enacted text and its effective date on the Florida Legislature’s Online Sunshine statutes. If a change exists, whether it applies to a particular arrest depends on its effective date and the facts of that case. Treat any online summary, including this page, as a starting point. The enacted statute controls.

Felony and Misdemeanor Consequences: What May Depend on the Charge

Penalties differ by classification, and possible consequences depend on the specific charge. Exposure may include jail or prison, fines, probation, and license action. Each one depends on the facts and applicable law. The outer limits appear in § 775.082 and § 775.083.

Scoresheets and the lowest permissible sentence generally apply only to felony cases. The Criminal Punishment Code worksheet under § 921.0024 computes sentence points. Those points are a felony sentencing tool.

The DUI statute also describes monthly reporting probation and a substance abuse course for people convicted under it. The offender may be responsible for reasonable costs for that education and evaluation, depending on the facts and applicable law. The statute also says a conviction does not bar a civil suit for damages against the person convicted.

Effects on a criminal record, firearm rights, or a professional license depend on the outcome and applicable law. None of them is automatic.

Common Questions: Jail Time, Driving, and the Criminal Record

Each question below has a different answer. Each answer depends on the facts and applicable law.

Next Steps After a DUI Arrest or Charge

Start with the paperwork. Read the citation, the arrest report, the charging document, and any notice from the Department of Highway Safety and Motor Vehicles. Write down every date printed on them.

The arraignment notice matters too. Whether that happens depends on the facts and applicable law.

Next, gather the prior record. Classification turns on prior convictions, their dates, and the crash facts. Two cases that look alike on paper can still be classified differently once those details are checked.

A simple list helps: the charge, the arrest date, any prior DUI, any out-of-state conviction, and any crash involving injury. Patrick David Wilson’s DUI defense information is also available on the firm’s website for broader background.

Talk With Patrick David Wilson About Your Situation

If you are reading this for a family member, a friend, or a coworker after a sudden arrest, you may feel pressed to learn the answer quickly. The felony question can change how the next weeks look, and the paperwork can be hard to read on your own. Patrick David Wilson offers a free, confidential initial consultation with no obligation to continue. You can contact Patrick David Wilson, call 786-761-1719, or leave a message. A conversation can help you understand which facts and records matter in that case. No outcome can be promised before those facts are reviewed.