Driving under the influence (DUI) is a serious offense in Florida, with penalties that can escalate significantly based on various factors. While a first or second DUI offense is typically charged as a misdemeanor, certain circumstances can elevate a DUI charge to a felony. This article will explore the relevant statutes, potential penalties, common defenses, and why it is crucial to have skilled legal representation when facing felony DUI charges.

Florida's DUI laws are designed to deter impaired driving and impose severe penalties on those who violate these laws. Understanding these statutes is essential for comprehending the gravity of a felony DUI charge.

Florida Statutes § 316.193 - Driving Under the Influence

Florida Statutes § 316.193 outlines the general provisions for DUI offenses. A DUI becomes a felony under specific conditions, which include repeated offenses, causing serious bodily injury, or resulting in death.

  • Third DUI Offense Within 10 Years: If an individual is convicted of a third DUI within ten years of any prior DUI conviction, the charge is elevated to a third-degree felony.
  • Fourth or Subsequent DUI Offense: Any fourth or subsequent DUI conviction is automatically classified as a third-degree felony, regardless of when the previous offenses occurred.
  • DUI Resulting in Serious Bodily Injury: If a DUI results in serious bodily injury to another person, it is charged as a third-degree felony.
  • DUI Manslaughter: If a DUI results in the death of another person, it is charged as DUI manslaughter, a second-degree felony. If the driver knew or should have known the crash occurred and failed to give information or render aid, it can be charged as a first-degree felony.

Potential Fines, Jail Time, Probation, and Other Punishments 

The penalties for felony DUI in Florida are severe, reflecting the serious nature of these offenses.

Fines - The fines for a felony DUI conviction in Florida can be substantial, often ranging from $2,000 to $5,000. If the DUI involved serious bodily injury or death, the fines can be significantly higher, reaching up to $10,000 or more.

Jail Time

Third-Degree Felony: A third-degree felony DUI conviction can result in up to five years in prison. This includes third DUI offenses within ten years, fourth or subsequent DUI offenses, and DUIs resulting in serious bodily injury.

Second-Degree Felony: DUI manslaughter is typically charged as a second-degree felony, carrying a penalty of up to 15 years in prison.

First-Degree Felony: DUI manslaughter with the aggravating factor of failing to render aid or provide information can be charged as a first-degree felony, which can result in up to 30 years in prison.

Probation - Probation is often part of the sentence for a felony DUI conviction. Conditions of probation may include regular check-ins with a probation officer, attendance at DUI school, community service, and participation in substance abuse counseling or treatment programs. Violating probation terms can lead to additional penalties, including imprisonment.

Other Potential Punishments - In addition to fines, jail time, and probation, other potential consequences of a felony DUI conviction include:

  • Driver's License Revocation: A felony DUI conviction can result in a long-term or permanent revocation of the driver's license.
  • Ignition Interlock Device: The court may require the installation of an ignition interlock device (IID) on the offender's vehicle for a specified period.
  • Vehicle Impoundment: The court may order the impoundment or immobilization of the offender's vehicle.
  • Community Service: The court may impose a substantial number of community service hours as part of the sentence.
  • Alcohol or Drug Treatment Program: Attendance at a mandatory alcohol or drug treatment program is often required.
  • Criminal Record: A felony conviction results in a permanent criminal record, which can affect future employment opportunities, housing, and personal relationships.

Common Defenses Against This Charge

Defending against a felony DUI charge requires a comprehensive understanding of the law and a strategic approach. Several common defenses can be used to challenge these charges.

Improper Traffic Stop - One of the most common defenses is to argue that the initial traffic stop was unlawful. Law enforcement must have reasonable suspicion to stop a vehicle. If it can be shown that the stop was improper, any evidence obtained as a result may be inadmissible in court.

Faulty Breathalyzer or Field Sobriety Tests - Another defense is to challenge the accuracy and administration of the breathalyzer or field sobriety tests. Breathalyzer machines must be properly maintained and calibrated, and the tests must be administered according to specific protocols. Any deviation from these requirements can cast doubt on the results.

Medical Conditions - Certain medical conditions can mimic signs of intoxication. For example, diabetes, neurological disorders, and certain medications can cause symptoms that appear similar to impairment. Providing medical evidence can help support this defense.

Lack of Evidence - The prosecution must prove beyond a reasonable doubt that the defendant was impaired at the time of driving. This includes providing evidence that the defendant was in actual physical control of the vehicle. If there is insufficient evidence, the charges may be reduced or dismissed.

Witness Testimony - Witnesses can provide crucial testimony that supports the defendant's case. This can include passengers in the vehicle, other drivers on the road, or bystanders who observed the events leading to the arrest. Their statements can help refute the prosecution's claims and establish reasonable doubt.

Why Defendants for This Crime Need an Attorney and Why They Should Choose Musca Law, P.A.

Facing a felony DUI charge in Florida is a serious matter that requires expert legal representation. Here are several reasons why defendants need an attorney and why Musca Law, P.A. is the right choice:

In-Depth Knowledge of DUI Law - An experienced attorney understands the complexities of DUI law and can provide invaluable guidance and defense strategies. They are familiar with the nuances of Florida's DUI statutes and how to effectively challenge the prosecution's case.

Tailored Defense Strategies - Attorneys can develop comprehensive defense plans tailored to the specifics of each case. This includes gathering evidence, identifying weaknesses in the prosecution's case, and preparing persuasive arguments for court.

Negotiation Skills - Effective negotiation can significantly impact the outcome of a case. Experienced attorneys can negotiate with the prosecution for reduced charges or lighter sentences, potentially avoiding the severe penalties associated with a felony DUI conviction.

Protection of Constitutional Rights - An attorney ensures that the defendant's constitutional rights are protected throughout the legal process. This includes challenging unlawful stops, searches, and seizures, as well as ensuring due process is followed.

Proven Success - Musca Law, P.A. has a team of attorneys with a proven track record of success in handling DUI cases. Their extensive experience and dedication to achieving favorable outcomes for clients demonstrate their commitment to providing top-notch legal representation.

Comprehensive Legal Support - Musca Law, P.A. offers full legal support, representing clients at all stages of the criminal justice process. They are available around the clock to address any legal concerns and provide the guidance needed to navigate the complexities of a DUI case.

Call Musca Law For a Free Consultation

If you are facing a felony DUI charge in Florida, it is essential to act quickly and seek the help of a skilled attorney. Musca Law, P.A. offers experienced DUI defense attorneys with a proven record of success. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and future by contacting Musca Law, P.A. today for expert legal representation.