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Is a DUI conviction a misdemeanor or a felony? How do i find out if my conviction was categorized as felony or a misdemeanor?

Miami, FL |

This is my first DUI I've ever gotten. I'm currently on probation for 6 months

Attorney Answers 4


If its your first DUI its considered a misdemeanor.

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Not all DUI convictions are misdemeanors, regardless if its a "first offense". DUI with Serious Bodily Injury is a felony, and could be a "first offense". Likewise, DUI Manslaughter is a felony, though it could be a "first offense", as well.

Based on the 6-month probation term you stated in your question, its likely that your DUI is a second degree misdemeanor.

I will post a link to the Miami-Dade Clerk's Office website for your convenience.

Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship. I am only licensed to practice in the State of Florida and in federal courts. Florida Bar #337821, admitted 1982.

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A first time DUI conviction is usually a misdemeanor unless the DUI involved serious bodily injury or death. To find out you can check your court minutes, call the clerk or ask your probation officer.

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It's a misdemeanor. Felony DUIs require serious bodily injury. A first DUI without serious bodily injury or death is always a misdemeanor.

All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment.

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