DUI Statute of Limitations in Florida

Florida’s DUI statute of limitations depends on the severity of the charges and whether you have a previous conviction. To better understand your legal rights when facing driving under the influence charges, the O’Mara Law Group can serve as your expert on which DUI statute of limitations in Florida applies best to your situation.

Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara

Content last updated on: September 27, 2023

The statute of limitations for driving under the influence (DUI) in Florida places a time limit for filing charges following a DUI incident. In other words, you cannot be charged for a DUI after the Florida statute of limitations, but there are exceptions. A Florida DUI attorney can help you understand how the statute of limitations applies to your case.

What is the DUI statute of limitations in Florida?

The statute of limitations for a DUI in Florida differs depending on the severity of the offense and whether you have any prior DUI convictions. 

First DUI Offense Statute of Limitations

The statute of limitations for a first DUI offense with no prior record and a blood alcohol concentration under 0.15 is 1 year after the alleged date of the incident, per state of Florida law.

DUI Misdemeanor Statute of Limitations

The first-degree misdemeanor statute of limitations in Florida is two years from when the infraction allegedly occurred.

This could apply if you are charged with a DUI after one or two prior DUI convictions, you could face first-degree misdemeanor charges, which are more serious than the second-degree charges you face for a first offense.

You could also face first-degree misdemeanor charges on a first DUI offense if your blood alcohol concentration was greater than 0.15, there was a minor in the vehicle, or you caused serious damage or injury as part of the DUI. If the offense was severe enough, your charges could be increased to a felony.

DUI Felony Statute of Limitations

Florida’s DUI felony statute of limitations varies depending on the degree of the felony:

  • If you are convicted of three or more DUIs, or if you caused someone serious bodily harm, you could be charged with a third-degree felony. This has a statute of limitations of three years from the date of the DUI.
  • If your DUI violation resulted in someone’s death, you could be charged with DUI manslaughter and a second-degree felony. The Florida statute of limitations for DUI manslaughter is four years.
  • A first-degree DUI felony is the most serious and typically applies to hit-and-run DUIs. The statute is usually four years.

Generally, if your DUI incident resulted in the death of another person or an unborn child, there is no statute of limitations. 

What is the statute of limitations to appeal a Florida DUI case?

If you are convicted of a DUI in Florida, you have 30 days to file an appeal. Your attorney can advise which deadlines apply to your case. 

How Long Does the State of Florida Have to File DUI Charges?

The State of Florida must adhere to the statutes of limitations, including:

  • Two years for a second-degree misdemeanor DUI
  • Three years for a first-degree misdemeanor DUI
  • Three years for a third-degree felony DUI
  • Four years for a second or first-degree felony DUI

Consult with a Florida DUI Attorney

Penalties for DUI in Florida depend on whether the offense is a misdemeanor or felony and if it involved aggravating circumstances. You could face fines, court costs, incarceration, license revocation, and other DUI costs. An experienced attorney can help you understand your options and prepare a strong case.

Speak with an attorney as soon as possible if you believe you may face felony DUI charges in Florida. At the O’Mara Law Group, you’ll have a dedicated team of well-qualified people ready and eager to take care of you. Contact O’Mara Law today for experienced representation.

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