Jacksonville Felony DUI Lawyer

How Many DUIs Is a Felony in Florida?

A Florida DUI is classified as a third-degree felony if you have three or more DUIs in the past 10 years. The third conviction itself is considered a third-degree felony if it occurs within 10 years of previous convictions. Possessing a felony charge is a serious matter that can affect various aspects of your life, including employment, driving privileges, and personal freedoms.

If you have been convicted of a felony DUI, call us right away to help reduce your penalties. There are many angles that need to be investigated. Our Jacksonville felony DUI defense attorneys can help guide you through the process and create a strategic plan for your case. Early intervention can significantly impact the trajectory of your case, allowing for more options and potential plea deals.

What Aggravating Factors Make a DUI a Felony in Florida?

In Florida, a multiple DUI conviction can become a felony under several circumstances outlined in Florida Statute 316.193. Here’s a clear breakdown of situations that can elevate a DUI to a felony:

• Third DUI Conviction Within 10 Years: A third DUI offense within 10 years of a prior conviction is classified as a third-degree felony.
• Fourth or Subsequent DUI Conviction: Any fourth or subsequent DUI, regardless of how much time has passed since prior offenses, is automatically charged as a third-degree felony.
• DUI Involving Serious Bodily Injury: If a DUI results in serious bodily injury to another person, it is charged as a third-degree felony.
• DUI Manslaughter: A DUI that causes the death of another person is charged as a second-degree felony. If the driver flees the scene following the incident, the charge escalates to a first-degree felony.

Certain circumstances can elevate a DUI to a felony, even if it’s not a repeat offense. These include:

• Causing Serious Bodily Injury: Injuring another person significantly during a DUI can result in felony charges.
• Causing Death: A fatal DUI is charged as DUI manslaughter, a felony.
• Driving with a Suspended or Revoked License: Driving under the influence while your license is suspended or revoked can result in harsher penalties.
• Presence of a Minor in the Vehicle: Having a minor in the car while driving intoxicated may elevate the offense.
• High Blood Alcohol Concentration (BAC): A notably high BAC level can lead to more severe charges and penalties.
• Refusal to Submit to Testing: Refusing a breathalyzer or blood test after a DUI arrest, especially with prior refusals, can act as an aggravating factor.
• Fleeing Law Enforcement: Fleeing from police during a DUI situation can result in felony charges.
• Property Damage: Significant property damage, often exceeding $1,000, can also elevate a DUI to a felony.

Each case is unique, and the application of these laws often depends on the specific circumstances. Legal counsel is essential to navigate these charges and ensure your rights are protected.

Consequences of a DUI Felony Conviction in Florida

A DUI felony will typically result in more severe penalties than a first offense, which is usually treated as a misdemeanor unless you have been previously convicted of a DUI. Subsequent infractions lead to far more serious consequences.

• Enhanced penalties
• Probation violations
• Criminal detention
• Vehicle seizure
• Higher “Habitual Violator” fines & penalties
• Vehicle immobilization fines & penalties
• License confiscation
• Medical screening

Furthermore, a felony DUI conviction can have long-term impacts on future career opportunities and professional licenses.

Defenses Against a Felony DUI Charge in Florida

Our DUI trial lawyers in Jacksonville investigate every possibility to create a viable defense for your case. Some potential mitigating circumstances which may involve “felony DUI” charges under Florida law include:

• Passenger claims and/or police officer error on-sight 0.08% BAC
• (As per your attorney) discrepancies in breath tests (bad preparation, inaccurate results, and/or maintenance of the breathalyzer machine)
• Duplicate blood sample errors
• Multiethnicity problems

At Monroe Law, P.A., we understand that each case is distinct and requires a customized approach. When examining your DUI case, our lawyers will explore other materials such as scene photography, negotiations of the drunk driving incident, field sobriety test procedures, traffic violation process and protocol, and standard DUI operational modifications to evaluate your case's validity if we suspect this could be of help to you. This detailed assessment can reveal defenses that were previously overlooked.

To set up a time to discuss the details of your case, call the Monroe Law, P.A.'s office at (904) 507-6194 to schedule your FREE consultation.