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A first offense DUI in Florida is typically misdemeanor offense and not the more serious charge of a felony, which can bring about harsher penalties of years of jail time and thousands of dollars in fines. The offense consists of driving while the normal faculties are impaired or having a blood alcohol level at or above .08.
A DUI defendant can be charged with a felony.
Felony DUI is reserved for repeat or aggravated offenses. In general, if you have been convicted of your second DUI offense, you will be at risk for a felony DUI for the following 10 years. If you receive your third conviction during this time, you will receive a third-degree felony resulting in penaltiessuch as license suspension and multiple years in prison.