Facing a DUI charge in Florida can be overwhelming, but when it escalates to a felony, the stakes are even higher. Felony DUI charges carry severe consequences, including heavy fines, lengthy prison sentences, and long-term impacts on your personal and professional life.
Understanding when a DUI becomes a felony and what it entails is crucial to defending your rights. Our Ponte Vedra Beach criminal defense attorney can guide you through the complexities of Florida’s felony DUI laws, explain the potential consequences, and highlight how having the right legal representation can make all the difference.
What is a DUI in Florida?
Driving along I-4 or I-10 or any other road in Florida while under the influence of drugs or alcohol is considered a DUI offense if your blood-alcohol concentration (BAC) is 0.08% or higher. The same also applies if your breath-alcohol level is 0.08 or higher.
DUIs in Florida are generally categorized as misdemeanors or felonies. A misdemeanor DUI typically refers to a first or second offense that doesn’t lead to aggravating circumstances such as death. A felony DUI, on the other hand, is a much more serious offense with harsher penalties for the drunk driver.
If you have been charged with a DUI or a felony DUI in Florida, it’s best to speak to an experienced DUI defense lawyer to help you understand DUI laws and work to minimize or drop all charges leveled against you.
When Does a DUI Become a Felony in Florida?
Typically, a DUI becomes a felony DUI charge when the defendant has faced two similar charges within 10 years. A fourth or subsequent offense, no matter how long it has been since your last DUI conviction, is automatically classified as a felony.
It’s also important to note that if a DUI causes severe bodily injury to another road user, be it a driver, motorcyclist, or pedestrian, it is classified as a felony in Florida. In extreme cases, drunk driving can lead to the wrongful death of a road user. It’s a felony that can result in a DUI manslaughter conviction.
Penalties for Felony DUI Convictions
If you are facing felony DUI charges in Florida, there are various DUI conviction penalties you risk facing if you are convicted, including:
Fines and Prison Time
- Third conviction within 10 years: A minimum of 30 days in jail with a fine of not less than $2,000 and not more than $5,000. If your BAC was 0.15 or higher, or if you had a child in the car, you’ll pay a fine of no less than $4000. You also risk five years in prison.
- Third conviction after 10 years: If your third conviction is within ten years of your second, you may be imprisoned for not more than 12 months. You may have to pay a fine of between $2,000 and $5,000.
- Fourth or subsequent conviction: The court may fine you not less than $2,000 for this offense. You also risk five years imprisonment for this conviction.
License Suspension or Revocation
For a third DUI conviction within 10 years, the state may revoke your license for 10 years. A fourth DUI conviction leads to mandatory permanent revocation of driving privileges. The latter also applies to DUI manslaughter.
Probation, Community Service, and Mandatory DUI School
For third convictions within 10 years, defendants must complete mandatory DUI school within the 10-year revocation. The same also applies to defendants convicted of DUI manslaughter.
Long-term Consequences
Some long term impacts of felony DUI convictions include difficulty finding employment, challenges obtaining professional licenses, and the loss of certain civil rights, such as the right to own firearms.
Defending Against Felony DUI Charges
A knowledgeable Florida DUI defense lawyer can challenge felony DUI charges brought up against you by:
- Questioning the legality of the stop: Was there any reasonable suspicion or probable cause for officers to pull you over?
- Challenging the accuracy of tests: Poor test conditions or improper breathalyzer calibrations may produce faulty results.
- Examining police procedures: An attorney may argue that the police officers failed to follow proper procedures, including informing you of your rights, to weaken the prosecution’s case.
At Malcolm Anthony, P.A., our experienced DUI defense attorney can make all the difference, helping to reduce penalties, avoid a felony conviction, or possibly have the case dismissed altogether.
How a Criminal Defense Attorney Can Help
Hiring a criminal defense lawyer when facing a DUI conviction is your best course of action. Here’s how our reputable legal team can help:
Navigating Complex DUI Laws
Now that you’ve been arrested for a DUI offense in Florida, you need to hire a lawyer who understands DUI laws. It’s important to note that not all lawyers have an in-depth understanding and experience of Florida’s complex DUI laws and how they may affect your case. Our Ponte Vedra Beach DUI defense lawyer does.
They can help by:
- Gathering and analyzing evidence: Your attorney may use evidence, such as traffic stop footage and police reports, to discredit the prosecution’s case.
- Negotiating plea deals: Your lawyer can negotiate with the prosecution for a reduction of charges from a felony to a misdemeanor.
- Exploring diversion programs: For a first-time offender, your lawyer may make a case for your rehabilitation rather than conviction by showing your good character or lack of a prior criminal record.
- Representing you in court: In the event your case goes to trial, your lawyer may build a compelling case that argues for your charges to be dropped. They can analyze documents sent by the prosecution during discovery to find any loopholes they can exploit.
Experienced Ponte Vedra Beach Criminal Defense Lawyers for Felony DUI Charges in Florida
Felony DUI charges in Florida carry severe penalties that can drastically alter a person’s life. In cases where serious injury or death is involved, the penalties escalate further, including long prison sentences and steep fines.
Bearing in mind the complexity and severity of DUI cases, it’s advisable to seek help from a knowledgeable criminal defense attorney who can protect your rights and guide you through the legal process.
Call Malcolm Anthony, P.A. today at (904) 285-4529 to get started. You can also get in touch with us through our online contact form. Remember, we have over 38 years of helping individuals just like you.
