When you are accused of felony DUI in Florida, it can feel as though the odds are stacked against you, especially if you failed field sobriety tests during your arrest. I have defended many clients in this situation, and one thing I can tell you with absolute certainty is this: a failed field sobriety test is not the end of your case. Florida’s DUI laws are complex, and law enforcement does not always get it right. As a private criminal defense attorney, my job is to examine every detail, challenge every piece of evidence, and fight for the best possible outcome for you.
Understanding Felony DUI Charges in Florida
Most DUI offenses in Florida are misdemeanors, but certain factors can elevate a DUI to a felony. Under Florida Statute § 316.193(2), you can be charged with a felony DUI if:
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You have three DUI convictions within 10 years of a prior conviction (making it a third-degree felony).
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You have a fourth or subsequent DUI conviction, regardless of time frame.
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You are accused of DUI causing serious bodily injury or death.
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You are charged with DUI manslaughter under § 316.193(3)(c)(3).
Statute Text – § 316.193(3)(c)(2), Florida Statutes:
“Any person who causes serious bodily injury to another, as a result of operating a vehicle while in violation of subsection (1), commits a felony of the third degree…”
Statute Text – § 316.193(3)(c)(3), Florida Statutes:
“Any person who causes the death of any human being or unborn child while operating a vehicle under the influence… commits DUI manslaughter, a felony of the second degree…”
Facing a felony DUI charge means you could spend years in prison, lose your driver’s license for an extended period, face mandatory fines of thousands of dollars, and live with a permanent felony record. This is why having private representation is essential. A public defender often has dozens of cases to handle at once, making it difficult to devote the time needed to build a strong defense. I focus on your case, your rights, and your future.
How Field Sobriety Tests Work – And Why They Are Not Perfect
Field sobriety tests (FSTs) are tools officers use to gather evidence of impairment. The most common tests are:
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Horizontal Gaze Nystagmus (HGN) – tracking eye movement for involuntary jerks.
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Walk and Turn – requiring you to walk heel-to-toe in a straight line and turn as instructed.
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One-Leg Stand – balancing on one leg for a set period.
These tests are designed to detect impairment, but they are not scientifically foolproof. Stress, fatigue, uneven pavement, poor lighting, weather conditions, or medical issues can cause sober drivers to perform poorly. Yet, many officers treat failing these tests as proof of guilt.
As your defense attorney, my role is to challenge the reliability of these tests. I review the video footage, body cam recordings, and the officer’s instructions to see whether the tests were administered correctly. I also consider whether physical or medical conditions made it impossible for you to perform well. Private attorneys have the resources to hire medical professionals or accident reconstruction experts to testify on your behalf—resources that public defenders often cannot access.
A Real Case Where We Fought a Felony DUI Despite Failed Tests
One of my clients faced a third-degree felony DUI charge after an accident in Tampa. Officers claimed he swerved across lanes, failed all three field sobriety tests, and caused injuries to another driver. The prosecution was pushing for prison time.
We started by dissecting every detail of the stop. Video footage from the dashcam showed the officer gave conflicting instructions during the walk-and-turn test. My client had a pre-existing knee injury that made balancing on one leg extremely difficult. We brought in a medical expert to testify about his physical limitations. Furthermore, blood test results showed his BAC was barely at the legal limit, leaving room for doubt about actual impairment at the time of driving.
Through aggressive pre-trial motions and negotiations, we convinced the court to dismiss the felony charge and reduce the case to reckless driving with probation. Without private representation, my client could have been sent to prison and carried a felony record for life.
Florida DUI Laws Relevant to Your Case
Aside from § 316.193, other Florida statutes can come into play in felony DUI cases:
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Florida Statute § 316.1939 – Makes it a separate offense to refuse a lawful breath, urine, or blood test if you have prior DUI convictions.
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Florida Statute § 322.264 – Defines “habitual traffic offender,” which can result in a 5-year license revocation if convicted of certain DUIs.
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Florida Statute § 775.082 – Outlines the penalties for felonies of different degrees, including up to 5 years in prison for third-degree felonies and up to 15 years for second-degree felonies like DUI manslaughter.
A private attorney who understands both the DUI statute and related laws can spot weaknesses in the prosecution’s case and build a stronger defense strategy.
Defenses Available When You Fail Field Sobriety Tests
Failing field sobriety tests is not a conviction. We have successfully defended clients using strategies such as:
Unreliable Testing Conditions
Poor lighting, uneven ground, bad weather, or passing traffic can impact your balance and focus during roadside tests. Video footage often reveals these conditions, undermining the officer’s conclusions.
Medical or Physical Limitations
Back, knee, inner ear, or neurological conditions can mimic signs of impairment. We frequently bring in medical professionals to explain your performance.
Officer’s Improper Instructions or Bias
Field sobriety tests must be administered exactly as outlined by the National Highway Traffic Safety Administration (NHTSA). Officers sometimes deviate from procedure or interpret results subjectively. We highlight these errors.
Lack of Probable Cause
If the officer lacked a valid reason to stop your vehicle, the entire DUI case, including the field sobriety test results, may be thrown out under constitutional protections.
BAC Challenges
Even if you failed FSTs, prosecutors still need chemical evidence to prove impairment. Breathalyzers and blood tests have strict protocols. If they were mishandled or inaccurate, results may be excluded.
Private attorneys have the time, investigators, and experts needed to develop these defenses fully. We scrutinize every part of the state’s case instead of accepting test results as fact.
Why Hiring a Private DUI Defense Attorney is Critical
Field sobriety tests are subjective, and felony DUI charges are severe. A conviction can send you to prison, permanently revoke your license, and affect your employment and family life forever. Public defenders are skilled lawyers, but they often lack the time and resources to conduct a thorough investigation. A private attorney can:
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Obtain all video, audio, and body cam footage quickly.
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Retain medical and scientific experts to challenge test results.
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File pre-trial motions to suppress unlawful stops or arrests.
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Negotiate reduced charges or alternative sentencing options.
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Prepare to take your case to trial if necessary.
Your future is too important to leave in the hands of an overburdened public defense system. With private representation, you have a dedicated advocate fighting solely for your freedom.
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.
Felony DUI Defense Frequently Asked Questions (FAQs)
Does failing field sobriety tests mean I will be convicted of felony DUI?
No. Field sobriety tests are only one piece of evidence prosecutors use. They are subjective, and many factors can cause someone to fail even if they are not impaired. A skilled DUI defense lawyer can challenge the tests, their administration, and their reliability in court.
What are the penalties for felony DUI in Florida?
Under § 316.193, a third DUI within 10 years or DUI causing serious injury is a third-degree felony, punishable by up to 5 years in prison and fines of up to $5,000. DUI manslaughter is a second-degree felony with up to 15 years in prison and a $10,000 fine. There is also mandatory license revocation and ignition interlock requirements.
Can medical conditions affect field sobriety test results?
Yes. Conditions like vertigo, joint problems, inner ear infections, or neurological issues can cause poor balance or coordination unrelated to alcohol or drug impairment. An attorney can present medical evidence to explain test performance.
Can officers administer field sobriety tests incorrectly?
Absolutely. Officers must follow NHTSA guidelines closely. If they give unclear instructions, rush the test, or misinterpret your movements, their conclusions can be challenged in court.
Can a felony DUI charge be reduced?
Yes. Depending on the circumstances, a skilled defense attorney can negotiate a reduction to a misdemeanor DUI or reckless driving, avoiding felony penalties. Early intervention often makes this more achievable.
What if my BAC was under the legal limit but I failed field sobriety tests?
You can still be charged with DUI if officers believe your normal faculties were impaired. However, BAC under .08 can strengthen your defense. We often use this to argue that the state cannot prove impairment beyond a reasonable doubt.
Should I refuse field sobriety tests in Florida?
You have the right to decline field sobriety tests, but officers may still arrest you if they believe you’re impaired. Refusal cannot be used as evidence of guilt in the same way a failed test can, but refusing chemical tests (breath, blood, urine) after a lawful arrest can lead to additional penalties under § 316.1939.
What happens if the stop that led to my DUI arrest was unlawful?
If the officer lacked probable cause or reasonable suspicion for the stop, all evidence gathered—including field sobriety tests and chemical tests—may be suppressed. This often leads to dismissal of the case.
Why is it risky to rely on a public defender in felony DUI cases?
Public defenders are skilled but carry heavy caseloads and limited resources. Felony DUI cases involve complex evidence, expert testimony, and extensive investigation. A private attorney can dedicate time and resources specifically to your defense, improving your chances of a favorable outcome.
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.