Sarasota Felony DUI Lawyer
A DUI becomes a felony in Florida in four situations: a third conviction within 10 years of a prior one, a fourth conviction at any time, a crash that causes serious bodily injury, or a crash that causes a death. Each carries possible prison time, and each is prosecuted in circuit court. Former prosecutor Daniel D. Nawara defends felony DUI charges in Sarasota and Manatee counties.
Call (941) 920-5514 or request a free consultation. Free consultations and payment plans are available. Have your charging documents, court date and county available if you have them.
When is a DUI a felony in Florida?
Under section 316.193, a DUI is charged as a felony in these situations:
Third DUI within 10 years of a prior conviction. Third-degree felony, up to 5 years in prison. Driver license revoked for at least 10 years.
Fourth or later DUI, at any time. Third-degree felony, up to 5 years in prison. Driver license permanently revoked.
DUI causing serious bodily injury. Third-degree felony, up to 5 years in prison. Driver license revoked for at least 3 years.
DUI manslaughter. Second-degree felony, up to 15 years in prison, with a 4-year mandatory minimum. Driver license permanently revoked.
DUI manslaughter with failure to give information or aid, or with a qualifying prior conviction. First-degree felony, up to 30 years in prison. Driver license permanently revoked.
A third DUI within 10 years also carries at least 30 days in jail, a 90-day vehicle impoundment and an ignition interlock device for at least two years. A fourth DUI carries a fine of at least $2,000. These are the statutory ranges. The sentence in a particular case depends on the facts, the scoresheet and the court.
A third DUI is not always a felony
The timing of the earlier convictions decides the charge. A third DUI more than 10 years after the last conviction is a misdemeanor, punishable by up to 12 months in jail and a fine of $2,000 to $5,000. A third DUI within 10 years is a felony. The State has to prove each prior conviction, including its date and that it belongs to you. Convictions from other states can count. Reviewing the certified records of every prior case is one of the first steps in the defense. See also the second DUI page.
DUI with serious bodily injury
A DUI crash is a felony when the State can prove the driver caused or contributed to causing serious bodily injury to another person. A crash with property damage or a lesser injury is a first-degree misdemeanor. These cases usually turn on two questions: whether the driver was impaired, and whether the driving caused the injury. Blood draws, crash reconstruction and medical records are often the central evidence, and each can be challenged.
How Daniel evaluates a felony DUI defense
The stop or the crash investigation. Whether the officer had a lawful basis to stop, detain and arrest.
The testing. How a breath or blood sample was taken, handled and analyzed, and whether the results are admissible.
The prior convictions. Whether each one is proven, falls within the 10-year period and can lawfully be used.
Who was driving. In crash cases the State must prove who was behind the wheel.
Causation. In injury cases, whether impairment caused the crash.
A prosecutor reviews the same points when deciding how to charge a case. Having worked as an Assistant State Attorney in the 12th Judicial Circuit, Daniel knows how that review is done in Sarasota and Manatee counties.
Three things to do now
Do not discuss the case with investigators, insurance adjusters or anyone involved in the crash before speaking with a lawyer.
Check the date on your citation. The 10-day deadline to request a review of the administrative license suspension applies in felony cases too.
Gather the paperwork from every earlier DUI case, including cases from other states.
Felony DUI cases in Sarasota and Manatee counties
Felony DUI cases are heard in circuit court. After an arrest, the first appearance judge sets release conditions, which in a felony DUI can include alcohol monitoring and no driving. See the Sarasota criminal court guide and the Manatee criminal court guide for locations and hearing preparation, and the bond reduction and first appearance page for how release conditions can be reviewed. License questions are covered on the formal review hearing and hardship license pages.
Frequently asked questions
Is a third DUI a felony in Florida?
Yes, if it happens within 10 years of a prior DUI conviction. A third DUI more than 10 years after the last conviction is a misdemeanor. A fourth DUI is a felony no matter how much time has passed.
How much jail time does a third DUI carry in Florida?
A third DUI within 10 years is a third-degree felony with a maximum of five years in prison and a mandatory minimum of 30 days in jail. A third DUI outside the 10-year period carries up to 12 months in jail.
Is DUI with injury a felony in Florida?
It is a third-degree felony when the crash causes serious bodily injury to another person. A DUI crash with property damage or a lesser injury is a first-degree misdemeanor.
Will I lose my license permanently after a felony DUI?
A fourth DUI conviction and a DUI manslaughter conviction each bring permanent revocation. A third DUI within 10 years brings a revocation of at least 10 years. DUI with serious bodily injury brings at least three years.
Does a DUI from another state count as a prior conviction?
Generally yes. Florida counts earlier DUI convictions from other states, and the State must prove each one with proper records.
Can a felony DUI be reduced to a misdemeanor?
Sometimes. It depends on whether the State can prove each prior conviction and the other elements of the charge. No outcome can be promised, and every case turns on its own evidence.
Do I still have only 10 days to protect my license?
Yes. The 10-day deadline to request a review of the administrative suspension runs from the date of the notice, in felony and misdemeanor cases alike.
Talk with a Sarasota felony DUI attorney
Call or text (941) 920-5514 for a free consultation. Calls and texts are returned nights and weekends. Have your charging documents, court date and county available if you have them.
Updated October 2026. General information, not legal advice. The law that applies to your case depends on the offense date and circumstances. Past results do not guarantee a similar outcome.