Everyone knows that the same offense can lead to totally different consequences depending on the state—sometimes it’s just a fine, other times it could result in a serious criminal charge. When it comes to driving under the influence, the legal implications are far from uniform.
That’s why the question ‘Is a DWI a felony?’ often arises among individuals facing such charges for the first time. The answer depends not only on the state but also on the specific circumstances of the crime.
So, if you want to protect yourself and avoid trouble, you need to know how your case is actually classified under the law.
Key Takeaways
- We’ll provide a comprehensive legal analysis to answer the question ‘Is a DUI a felony in the state of Florida’, taking into account various possible scenarios and interpretations.
- We’ll explain DUI fines Florida, how they affect your case, and how long that mark can stay on your record.
- We’ll show you real cases we’ve worked on and share expert tips to help you avoid harsher penalties or having your charge bumped up to something more serious.

Is a DWI a Felony in the US? (Legal Impact)
At Kremenchuker Law Group, we deal with Driving While Intoxicated cases all the time, and it’s one of the more common issues clients come to us with. Yes, such a case can really mess with your life down the road, in ways people often don’t expect.
Is DWI a felony? This is a question frequently asked by immigrants and recent arrivals to the U.S. who are not yet fully familiar with the legal system. It leans on a spectrum of details, like repeat offenses or the specific circumstances of the arrest.
Each case is unique. Depending on the facts, DWI laws in different states can lead to all kinds of penalties—not just fines, but even jail time, especially if there were aggravating factors. In drunk driving Florida issues, we’ve seen second crimes turn into criminal charges—and even first-time violations lead to immigration effects that clients didn’t expect.
A Closer Look: Is a DUI a Felony in Florida?
Wondering, is a DUI a felony in Florida, and when exactly does that happen? Like we said before, every condition is different. No two situations are exactly alike, and there are clear legal criteria that determine when it is.
When is a DWI a felony?
- A third offense within 10 years
- Fourth or any later violation
- Accidents causing injury or death
- Driving intoxicated with a child in the car
Additionally, each event involves its own set of contributing factors that can significantly influence the legal outcome. For example, DWI with injury may immediately be classified as a criminal charge—especially, as we’ve noted in our blog, if the second party hires a lawyer and successfully proves great damages. The best step you can take is to contact a qualified attorney immediately. Early lawful action helps prevent the topic from escalating and protects your rights long before it reaches trial.

Is Your First DWI a Felony? (Understanding the Possible Consequences)
Many drivers assume that a first encounter with law enforcement while intoxicated won’t lead to any serious results.
Therefore, is your first DWI a felony or not? Ask any lawyer, and they’ll agree: even a first time can turn serious fast when there’s high intoxication, a child in the car, or an accident that caused harm. That’s why we carefully review every detail with our clients, explaining how the law works and what steps to take to avoid potential criminal charges later. When a claim involves an accident or harm, we focus on damage control—working hard to convince the court to issue a lighter sentence instead of the maximum.
Here’s what people can expect just getting started or dealing with this for the first time:
Possible first offense DWI penalties:
- Fine ranging from $500 to $1,000
- License suspension for 6 to 12 months
- Mandatory education programs
- Possible community service
Possible first DWI punishment:
- Up to 6 months in jail
- Ignition Interlock Device installation
- Criminal record notation
- Extra punishment if your BAC hits 0.15% or more
- Visa or citizenship problems for immigrants
Is DUI a Felony or Misdemeanor in Florida? Our Legal Insights on Classification
Now it’s time to take a more regional look and address one of the most common questions we hear: Is DUI a felony or misdemeanor in Florida?
For example, here’s a classification outline:
- Misdemeanor — first or second time without anyone getting hurt
- Felony 3rd Degree — injury or a repeat offense within 10 years
- Felony 2nd Degree — involves a fatal accident
- Felony 1st Degree — death plus a hit-and-run or other serious circumstances
At Kremenchuker Law Group, we know it all comes down to your situation and how fast you get a lawyer involved to avoid falling into a trap. That’s why our specs immediately analyze the situation, clarify the details, and use the Florida DUI classification to determine the severity of the threat and the proper strategy.
You may not realize that even a misdemeanor DUI Florida can affect your legal status, driving privileges, and employment opportunities. For this reason you shouldn’t ignore professional help—such support changes everything.

How Long Does DUI Stay on Your Record in Florida (Can It Be Corrected)?
Do you know how long does DUI stay on your record in Florida, and whether it can be corrected or removed? We typically don’t wait for clients to ask and explain from the start that a DUI record Florida cannot be erased or hidden like other charges. Sadly, it stays there forever.
And yes, later it can influence many aspects of life, from job applications and housing to insurance policies and immigration status. According to the law of the state, if you’ve been charged or convicted, DUI expungement Florida just isn’t an option.
What Are the Consequences of a DUI
You should also understand what are the consequences of a DUI, because with a properly structured protection and the help of a lawyer, many of them can be bypassed. They vary, from financial obligations and fines to more severe actions, depending on the facts.
Here’s what is the penalty for a DUI in Florida:
- License suspension
- Mandatory programs
- Significant fines
- Possible arrest
- Community service
The judge is the one who resolves the punishment. So if you want to sidestep a DUI impact on license, you need the professional and a smart defense plan. You may also meet some indirect legal repercussions, such as increased car insurance premiums, travel restrictions to countries that consider criminal records, and complications restoring your driver’s license, including additional tests and mandatory courses, and so on.
Conclusion
Let’s summarize the key points discussed above.
Is a DUI a felony in Florida? — Yes, but not in every case. There are no absolute criteria, and each situation needs an individual approach guided by a skilled defense specialist.
What are the consequences of DUI? — No Driving Under the Influence goes under the radar. The eventual outcome hinges on the facts of the case, the arrest report, and how effectively your legal representative presents your position in court. At the same time, legal assistance plays a crucial role in such proceedings, and ensures that the situation does not escalate or turn against you in the worst possible way.
Always follow the law. At Kremenchuker Law Group, we emphasize that even a first offense can result far beyond fines or temporary license suspension.
Since we also handle immigration law cases, we know that a conviction makes it harder to renew your visa, get a green card, or apply for citizenship. For this reason, contact us right after receiving a charge. Quick action can change the outcome. Remember, even one mistake can cost a lot. And it’s not just about fines—it can threaten your ability to stay and build your life in the U.S.
FAQ
Is a DWI a felony in Florida, and what penalties can it bring?
DUI-related cases are classified differently due to the circumstances and must be resolved in a tribunal. That’s why preparing a strong defense is necessary to avoid a severe verdict.
Can a drunk driving case influence my life later on?
Unfortunately, yes. Since your case becomes part of your official record, it may create difficulties during immigration procedures or employment background checks, particularly if you are a settler.
Is there a way to avoid or reduce DWI felony charges?
At Kremenchuker Law Group, we help our clients minimize risks by acting early and developing a strong, tailored defense.
How long does a driving while intoxicated stay on your record in Florida?
Under Florida law, a DUI remains on your record permanently and cannot be released or changed in any way.