Can a DUI in Florida Be Reduced from a Felony to a Misdemeanor?

What You Need to Know About DUI Charges and How an Experienced Attorney Can Help You Minimize Consequences

If you’re reading this, you’ve likely been arrested for a DUI (driving under the influence) in Florida and are facing serious consequences. A DUI conviction in Florida can result in heavy fines, license suspension, and even jail time. But what happens if your DUI charge is a felony rather than a misdemeanor? Can you have it reduced to a misdemeanor?

As an experienced Florida criminal defense lawyer, I get asked this question all the time. The answer is complex, but yes — it is possible for a DUI charge to be reduced from a felony to a misdemeanor, depending on the circumstances. The key lies in the facts of your case, the evidence, and, most importantly, your defense attorney.

I’ll now break down how Florida law handles DUI charges, what you need to know about felony and misdemeanor DUI offenses, and how a skilled attorney can help you fight to have your charge reduced. I’ll also share a real-life example of how I helped a client reduce their DUI charge from a felony to a misdemeanor, showing you that it’s not only possible — it’s often very much worth fighting for.

Understanding Florida DUI Statutes

In Florida, DUI charges are governed by Florida Statutes § 316.193, which outlines both the penalties for DUI offenses and the criteria for what constitutes a felony DUI versus a misdemeanor DUI. The distinction between a felony and a misdemeanor is essential because the penalties for a felony DUI are far more severe, including lengthy prison sentences, larger fines, and a permanent criminal record.

Let’s first go over the key sections of the DUI statute:

• Florida Statutes § 316.193(1): This statute makes it illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination of both if your normal faculties are impaired or if your blood-alcohol level (BAC) is 0.08% or higher.
• Florida Statutes § 316.193(2): This section specifies the penalties for a first DUI offense (a misdemeanor), which may include up to six months in jail, a $1,000 fine, probation, and a 180-day license suspension.
• Florida Statutes § 316.193(3): This section outlines the penalties for a second DUI offense (a misdemeanor if it’s a first offense within 5 years), which can carry greater penalties, including higher fines, longer license suspensions, and possible jail time.

When Does a DUI Become a Felony in Florida?

While most DUI offenses are classified as misdemeanors, there are situations where a DUI charge can be escalated to a felony under Florida law. The most common reasons for a felony DUI charge include:

1. Third DUI Offense (within 10 years) – If you are arrested for a third DUI offense within 10 years, this is classified as a third-degree felony under § 316.193(2)(b). A third-degree felony carries a sentence of up to 5 years in prison and a permanent license revocation.
2. DUI Causing Serious Bodily Injury – If you cause serious bodily injury to another person while driving under the influence, you may be charged with a third-degree felony under § 316.193(3)(c). Serious bodily injury means injuries that result in permanent disfigurement, loss of a limb or pose a significant risk of death.
3. DUI Manslaughter – If you cause someone’s death while driving under the influence, you can be charged with DUI manslaughter, which is a second-degree felony under § 316.193(3)(c)3. DUI manslaughter can carry a prison sentence of up to 15 years and a permanent license revocation.
4. Driving with a Suspended or Revoked License – If you’re caught driving under the influence while your license is already suspended or revoked due to a previous DUI offense, you could be facing a third-degree felony under § 322.34.

Can a DUI Charge Be Reduced from a Felony to a Misdemeanor?

In some cases, a felony DUI charge may be reduced to a misdemeanor if the circumstances of your case allow for it. The reduction of a DUI charge from a felony to a misdemeanor often depends on several factors, including:

• Your criminal history: If this is your first or second offense, and the DUI didn’t result in significant harm, the prosecutor may be willing to reduce the charge.
• The nature of the offense: Whether the DUI involved serious bodily injury, death, or an accident that resulted in property damage can make a huge difference in how the case is treated.
• Your cooperation with law enforcement: If you cooperated with law enforcement and didn’t resist arrest, this could be factored into negotiations.
• The strength of the evidence: If the evidence against you is weak — for example, if the breathalyzer results are in question or if the police made procedural errors — this may give your attorney the leverage needed to negotiate a lesser charge.

Real-Life Example: A Case I Won

I once represented a client who had been arrested for a third DUI offense within 5 years. The state had charged him with a third-degree felony, which meant he was facing significant prison time and a permanent license revocation.

However, after thoroughly reviewing the evidence and investigating the circumstances of the arrest, we discovered that the police had failed to follow proper protocol during the field sobriety test, which made the evidence against my client questionable. Additionally, my client had shown significant remorse for his actions, and we argued that his past history was not as severe as the prosecution portrayed.

We negotiated with the prosecution, and after presenting a strong defense, we were able to have the charge reduced to a second DUI offense (a misdemeanor). My client was able to avoid prison time and significantly reduce the impact of the conviction.

This case demonstrates how critical it is to hire an experienced DUI defense lawyer who can carefully analyze the details of your case and work to reduce your charges.

Why You Need a Private Attorney for a DUI Charge

Federal prosecutors are aggressive, and federal drug trafficking convictions come with life-altering consequences. Even in cases where it’s possible to reduce charges from a felony to a misdemeanor, you must have a skilled attorney working for you from the start. Here’s why:

1. Knowledge of Florida DUI Laws – Florida DUI law is complex. It’s essential that you have an attorney who knows the ins and outs of the law and is familiar with how charges like yours are handled in Florida courts. If you’re charged with a felony DUI, the penalties are severe. A lawyer can explore all potential defenses to reduce the severity of your charge.
2. Sentencing Negotiations – A private attorney can help negotiate for reduced sentences, especially when you have mitigating factors. For example, in some cases, your attorney can argue for probation instead of jail time or advocate for an alternative sentencing option like community service or house arrest.
3. Challenging the Evidence – A private attorney can challenge evidence such as breathalyzer tests, field sobriety tests, and police conduct during your arrest. If the evidence isn’t handled correctly, it could be thrown out, reducing the strength of the prosecution’s case.
4. Appeals – If your case doesn’t go as planned, a private attorney can help file an appeal or a post-conviction motion to attempt to have the conviction or sentence reduced. They can also help you apply for expungement after a conviction if you qualify.

Final Thoughts About DUI Charges in Florida

Facing a DUI charge in Florida, especially one that could be reduced from a felony to a misdemeanor, requires strategic action and legal expertise. Florida Statutes § 316.193 and the associated laws provide a framework for challenging DUI charges, but it’s up to you to ensure that your rights are protected.

A skilled attorney who knows how to navigate the complexities of Florida DUI law can be the difference between a felony conviction that ruins your future and a reduced charge that gives you a second chance.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Can a DUI in Florida Be Reduced from a Felony to a Misdemeanor?

What’s the difference between a felony DUI and a misdemeanor DUI in Florida?

A felony DUI occurs when it’s your third offense within 10 years or if your DUI causes serious bodily injury or death. A misdemeanor DUI is generally your first or second offense and does not result in serious harm to others. Felony DUIs carry longer sentences, including mandatory prison time, while misdemeanors typically result in shorter jail sentences, fines, and license suspensions.

Can my DUI charge be reduced from a felony to a misdemeanor?

Yes, under certain circumstances. Factors like the strength of the evidence, your criminal history, and the nature of the offense (e.g., whether serious harm was caused) all play a role in whether a felony charge can be reduced to a misdemeanor. Working with an experienced attorney gives you the best chance to negotiate for a reduced charge.

What are the penalties for a felony DUI conviction in Florida?

A felony DUI conviction can carry up to 5 years in prison, fines up to $5,000, and permanent license revocation. In some cases, the court may also impose mandatory DUI education or community service.

What should I do if I’m facing felony DUI charges?

It’s important to contact a criminal defense lawyer immediately. A private attorney can help challenge the evidence, negotiate with prosecutors, and advocate for you in court. Having an experienced attorney increases the chances of reducing or dismissing your charges.

How does a lawyer help reduce DUI charges from a felony to a misdemeanor?

A lawyer will review your case thoroughly, looking for weaknesses in the evidence, violations of procedure, or ways to prove that the charges do not meet the criteria for felony classification. They may also negotiate with the prosecution for a reduction in charges based on mitigating factors.

What happens if I’m convicted of felony DUI?

A felony DUI conviction can have life-changing consequences, including long prison sentences, permanent criminal records, and difficulty finding employment. An experienced attorney can explore options for sentencing reduction or alternative sentencing if appropriate.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.