On January 1, 2000 was a DUI in Florida considered a First or Second degree misdemeanor?

Question

On January 1, 2000 was a DUI in Florida considered a First or Second degree misdemeanor?

Answer

It would be more accurate to describe it as a 1st degree, but it is actually a modified misdemeanor because the maximum penalty for most 1st offenses is 9 months in jail. A standard 1st degree is punishable by 1 year and a standard 2nd degree has a max of 60 days.

Answer

Depends on the facts and circumstances of the arrest. For instance, it may be charged as a felony if the driver has prior DUI convictions or was there an accident resulting in injury.