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Is a 1st DUI a first degree misdemeanor in florida without a accident?

Hollywood, FL |
Attorney answers 4


Generally, it is regarded as a 1st degree MM.

Actually, DUI is a "hybrid" misdemeanor (MM). I say that because it involves less possible jail time that a 1st degree MM (up to 6 months for first offense with no damage or endangerment) but more than a 2nd degree MM. It also provides for probation up to 12 months, which is the outside limit for a 1st.


It is an un-categorized misdemeanor and is technically a second degree misdemeanor. But because it primarily carries First Degree Misdemeanor penalties, it is referred to as a First Degree Misdemeanor for simplicity's sake.


If this case is still pending or you have any further questions feel free to give me a ring or shoot me an email; my office is here in Broward where I previously worked as a prosecutor.

best of luck,


Mr. Mosca and Mr. Hornsby are correct. DUI is probably the most heavily scrutinized law in Florida. And not shockingly, DUI carries with it the most complex set of mandatory minimum penalties.

Because the maximum for a 1st DUI is 6 months jail and 12 months probation it really doesnt fit squarely within a 1st or 2nd degree misdemeanor.

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