In Florida, a DUI is classified as either a misdemeanor or a felony, depending on the number of prior DUI convictions and/or the circumstances of the current charge. The first and second DUI offenses are considered misdemeanors, provided that there were no aggravating factors, such as:
Having a high BAC
Having a minor present
Causing a non-serious injury or property damage
A DUI is considered a felony if it is a third offense or if there are aggravating factors.