What You Need to Know About Facing a Felony DUI Charge in Florida and How an Attorney Can Help
If you've been arrested for a DUI in Florida, you know that the consequences can be severe. However, if you've been charged with a felony DUI, the stakes are even higher. A felony DUI charge in Florida is no small matter. It can lead to long-term consequences such as a lengthy prison sentence, hefty fines, and the permanent loss of your driving privileges.
But here's the important question: Can a felony DUI charge be reduced in Florida? The answer is yes, but it depends on several factors, including the specific facts of your case, your criminal history, and the defenses available. Having a skilled attorney on your side can make a significant difference in how your case is handled and what the ultimate outcome is.
I'll now break down what constitutes a felony DUI under Florida law, the penalties involved, potential defenses, and how an experienced criminal defense lawyer can help reduce the charges against you or even get them dismissed. I'll also share a real-life example of a case where we successfully reduced a felony DUI charge so you can see how important it is to have the right legal representation.
What Constitutes a Felony DUI in Florida?
Florida law defines a felony DUI under Florida Statutes § 316.193. A felony DUI charge can arise under the following circumstances:
- Third DUI Offense Within 10 Years
- Under § 316.193(2)(b), if you are arrested for DUI for the third time within a 10-year period, the charge will be elevated to a felony, punishable by up to 5 years in prison.
- DUI with Serious Bodily Injury
- If someone is seriously injured as a result of your impaired driving, you can face a third-degree felony under § 316.193(3)(c), with penalties including up to 5 years in prison and fines up to $5,000.
- DUI Manslaughter
- If someone dies as a result of your impaired driving, the charge is DUI manslaughter, a second-degree felony under § 316.193(3)(c)3, which can result in up to 15 years in prison and fines of up to $10,000.
Florida Statutes § 316.193 - DUI Penalties
Here's the relevant section of Florida Statutes § 316.193 that defines the penalties for DUI offenses:
§ 316.193(2)(b): "A person commits a felony of the third degree if the person has been convicted of driving under the influence three or more times."
§ 316.193(3)(c): "A person commits DUI manslaughter if the death of a person occurs as a result of the DUI offense, and the penalty is a second-degree felony, punishable by up to 15 years in prison."
How Can a Felony DUI Charge Be Reduced?
The reduction of a felony DUI charge is possible, but it depends on the specifics of your case. Here are some common ways in which a skilled attorney may be able to reduce a felony DUI charge:
1. Negotiating a Plea Deal
One of the most common ways to reduce a felony DUI charge is by negotiating a plea deal with the prosecution. In some cases, a defense attorney can persuade the prosecutor to reduce the felony charge to a misdemeanor or a lesser felony charge in exchange for a guilty plea. The terms of a plea deal might involve:
- Community service
- Probation
- Alcohol education classes
- Fines or restitution
As an experienced criminal defense attorney, I can often work out favorable terms, especially if this is your first offense or if there are mitigating factors, such as a clean driving record or remorse.
2. Challenging the Evidence
In many cases, felony DUI charges rely heavily on evidence that can be challenged in court. A skilled attorney will examine the evidence thoroughly to determine if any mistakes were made during your arrest, investigation, or testing. Possible challenges include:
- Improper administration of field sobriety tests
- Errors in breathalyzer or blood testing
- Violation of your constitutional rights during the arrest
If the prosecution's case is weak, I can work to have the charges reduced or even dismissed.
3. Proving Lack of Intent
In some cases, I can show that there was no intentional impairment. For example, if a driver was unknowingly under the influence due to prescription medications or over-the-counter drugs, this can sometimes be used as a defense to reduce the severity of the charge.
4. Mitigating Circumstances
The court may take mitigating circumstances into account when deciding on sentencing. These circumstances can help reduce a felony DUI to a lesser charge or lead to a more lenient sentence. Some examples include:
- A clean criminal record
- No prior DUI offenses
- No prior history of substance abuse
- A sincere commitment to rehabilitation
For example, I've had cases where my client was able to show they had undergoing substance abuse counseling and had already made positive changes in their life. This could help demonstrate their commitment to turning their life around and might lead to a reduced sentence.
Real-Life Example: A Case I Won
Let me give you a real-life example of how we were able to reduce a felony DUI charge.
A client of mine was arrested for DUI with serious bodily injury after being involved in a crash. The other driver was seriously injured, and my client was charged with a third-degree felony under § 316.193(3)(c). The prosecution was pushing for a 5-year sentence because of the serious injury.
Upon reviewing the case, I found that the blood test results showed my client's blood alcohol content (BAC) was just slightly above the legal limit. More importantly, I discovered that the medical records of the injured driver indicated that the injuries, while serious, were not as severe as originally claimed. The medical team had overestimated the injury severity, which opened a door for us to challenge the level of injury in court.
Through negotiation, I was able to convince the prosecutor to reduce the charge to reckless driving—a misdemeanor, instead of a felony DUI. The sentence was limited to probation and community service. My client avoided the felony conviction and kept their freedom.
This case shows how essential it is to hire a skilled attorney who knows how to analyze the evidence and negotiate with the prosecution effectively.
Why You Need a Private Attorney
A private Florida criminal defense lawyer can make all the difference when you're facing a felony DUI charge. Here's why:
1. Experience with DUI Cases
An attorney who focuses on DUI defense understands the ins and outs of the law, the potential defenses, and how to challenge the evidence effectively. A private lawyer is committed to ensuring the best possible outcome for your case.
2. Understanding of Florida's DUI Laws
Florida's DUI laws are complex, especially when it comes to felony charges. A private lawyer can explain the specifics of the statutes, such as Florida Statutes § 316.193, and use that knowledge to build a defense strategy that works for you.
3. Expert Negotiation Skills
One of the most important aspects of reducing a felony charge is the ability to negotiate effectively with the prosecutor. Having a lawyer who is experienced in this area can help you secure a plea deal, reduced charges, or a more favorable sentence.
4. Understanding of Sentencing Guidelines
Florida courts follow strict sentencing guidelines for felony DUI cases. A private lawyer knows how to present mitigating circumstances and fight for a reduced sentence.
FAQs – Felony DUI Charges in Florida
Can a felony DUI charge be reduced to a misdemeanor in Florida?
Yes, a felony DUI charge can sometimes be reduced to a misdemeanor through negotiations with the prosecutor, depending on the circumstances of the case, such as the severity of the injury, prior criminal history, and whether there are any viable defenses available.
What are the penalties for felony DUI in Florida?
Penalties for felony DUI charges can range from prison sentences (up to 5 years for a third offense within 10 years or DUI with serious bodily injury), to fines, license suspension, and probation. A conviction for DUI manslaughter can result in up to 15 years in prison.
What are common defenses to felony DUI charges in Florida?
Defenses to felony DUI charges include challenging the legality of the stop, proving that you were not impaired, challenging breathalyzer or blood test results, and presenting mitigating circumstances such as medical conditions or prescription drug use.
How does a DUI charge become a felony in Florida?
A DUI charge becomes a felony in Florida if it is your third DUI offense within 10 years, if it results in serious bodily injury to another person, or if it results in DUI manslaughter.
What can a DUI defense attorney do to help reduce my charges?
A DUI defense attorney can challenge the evidence against you, negotiate with the prosecutor, and present mitigating factors to reduce the severity of the charges or penalties. A skilled lawyer will also know how to fight for alternative sentencing options, such as probation or community service, instead of jail time.
How long will a felony DUI case take to resolve in Florida?
The time it takes to resolve a felony DUI case can vary depending on the complexity of the case, the evidence involved, and the court's schedule. However, these cases typically take several months to go through the legal process, including pretrial motions, hearings, and potential trial.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you're facing a felony DUI charge in Florida, don't leave your future to chance. You need an experienced criminal defense lawyer who can fight for your rights and work to reduce your charges or penalties.
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.