Is a DUI in Florida a Misdemeanor or a Felony?

Although the vast majority of DUI cases are charged as a misdemeanor, the answer to that question ultimately depends on a host of factors. In fact, we have counted at least 15 different ways that a DUI could be charged.

Below is a quick summary of the statutory maximum penalties allowed under Florida law for different types of DUI charges.

First DUI – a misdemeanor with a maximum of 6 months in jail.DUI with a child in the vehicle – a misdemeanor with a maximum of 9 months in jail.DUI with a breath or blood alcohol concentration (BAC) over .15 – a misdemeanor with a maximum of 9 months in jail.Second DUI outside of five years – a misdemeanor with a maximum of 9 months in jail.Second DUI within five years – a second DUI within five years of a prior conviction is a misdemeanor with a maximum of 9 months in jail. (unless it is also proven that the BAC is over .15 or a child was in the car – then the maximum is 12 months in jail).DUI with property damage (or non-serious personal injury) – a first degree misdemeanor with a maximum of 12 months in jail.Third DUI outside of 10 years – a misdemeanor with a maximum of 12 months in jail.Third DUI within 10 years – a third DUI can be charged as a felony if the third DUI arrest is within 10 years of any prior DUI conviction. A third DUI within 10 years of a prior is a third degree felony punishable by up to five years in prison.Fourth or Subsequent DUI – any fourth DUI can be charged as a third degree felony punishable by up to five years in prison.DUI with Serious Bodily Injury – a third degree felony with a maximum of five years in prison.DUI Manslaughter – a second degree felony with a maximum of 15 years in prison.DUI Manslaughter / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.Vehicular Homicide – a second degree felony with a maximum of 15 years in prison.Vehicular Homicide / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.

Florida DUI Penalties – Visit the website for the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to learn more about the statutory maximum and mandatory minimum penalties for different types of DUI charges.

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Bobby Brown Pleads no Contest to Misdemeanor Drunk Driving Charge

By guest-writer

After pleading no contest last week to a misdemeanor DUI charge, singer Bobby Brown was sentenced to three years of probation by a Los Angeles County judge, according to a recent report from the Los Angeles Times.

Brown will not have to spend any time in jail after his arrest last month for drunk driving, and will have to pay a fine of $390. In addition, Brown will have to attend a 90-day alcohol education program according to prosecutors from the city attorney’s office.

The famous singer had been arrested March 26 in Los Angeles after a California Highway Patrol officer saw him talking on his cell phone while driving, which is not allowed in the City of Angels.

After police pulled him over, they suspected that Brown was intoxicated, and asked him to perform a field sobriety test. Much to his chagrin, Brown apparently failed the test, and was promptly taken into police custody.

Sources say that Tiffany Feder offered her services as a DUI attorney to Brown, who arrest came only four days after the Los Angeles County coroner’s office released their findings about the cause of Whitney Houston’s death.

Houston and Brown were married for 14 years before the celebrity power couple divorced in 2007. The pair had a tumultuous end to their marriage, and their marital difficulties were reportedly compounded by Brown’s numerous troubles with the law.

Most notably, Brown had another drunk driving incident in Florida in 1996. In addition, sources have long speculated that Brown, like his former wife, had a long struggle with drug and alcohol abuse.

The couple’s dirty laundry was aired often during their 2005 reality show, which was simply titled “Being Bobby Brown.”

Brown’s relatively light sentence has stirred some criticism by observers who are suspicious of what they perceive as favorable judicial treatment for celebrities who are arrested for driving under the influence of alcohol.

Brown faced a maximum sentence of a year in county jail if he had been convicted, and critics will likely complain that his probation sentence is too weak.

However, the vast majority of criminal cases, including DUI cases, end in a plea bargain. And, in a plea bargain, defendants typically admit to their guilt in exchange for a lighter sentence.

Thus, it’s very common for a DUI defendant to receive a relatively light sentence after pleading guilty, and there is little evidence that Brown was the recipient of any favorable treatment.

View the original article here

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