Insights From a Florida Felony Drunk Driving Defense Lawyer on the Serious Consequences of Eluding Law Enforcement

When you see flashing lights behind you, the law is clear: you're expected to pull over immediately and safely. If you keep driving, speed up, or try to escape, you may be facing one of the most serious felony charges under Florida traffic and criminal law. I’ve defended many clients who made a split-second decision that changed their lives. I’m here to explain how the law works, what rights you have, and how hiring a private attorney can help you avoid the worst outcomes.

The Law on Fleeing and Eluding in Florida

Under Florida Statutes Section 316.1935, it is a criminal offense to flee or attempt to elude a law enforcement officer who is lawfully performing their duties and has clearly indicated that you must stop. Here’s the actual statute language from the most common subsection used in felony prosecutions:

Florida Statutes § 316.1935(1):

“It is unlawful for the operator of any vehicle, having knowledge that he or she has been directed to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such direction, or, having stopped in knowing compliance with such direction, willfully to flee in a vehicle in an attempt to elude the officer.”

This offense becomes a felony in various circumstances depending on the behavior involved, including whether lights and sirens were active, whether there was high speed involved, and whether the fleeing caused injury, death, or property damage.

Felony Classifications Under § 316.1935

Here’s how Florida classifies different levels of this charge:

  • Third-Degree Felony: Fleeing without lights/sirens or without high-speed reckless driving.

  • Second-Degree Felony: Aggravated fleeing involving high speed or reckless driving.

  • First-Degree Felony: If fleeing results in serious bodily injury or death.

The penalties are not minor. A third-degree felony carries up to 5 years in prison. A second-degree felony carries up to 15 years. And if someone is hurt or killed, you could face up to 30 years.

In many cases I’ve handled, the person charged had no intention of harming anyone, but simply panicked. Unfortunately, panic is not a legal defense—but legal defenses do exist, and that’s where a skilled private attorney makes the difference.

Why People Flee—and Why the State Doesn’t Care Why

Sometimes people flee the police because they have a suspended license. Others may have been drinking and fear a DUI arrest. Some just freeze and make a bad decision. The problem is that the courts don’t generally weigh those reasons with much sympathy.

The prosecution only needs to prove that:

  1. You were directed to stop by law enforcement.

  2. You willfully failed to stop or fled afterward.

  3. You knew the person was law enforcement (usually obvious due to marked vehicles, lights, uniforms).

There are mandatory minimum sentences for some of these offenses. If it’s a second-degree felony under § 316.1935(3)(a), you’re looking at a minimum of 3 years in prison if convicted. No probation. No early release.

How Fleeing Can Turn Into a Felony DUI or Felony Driving Case

I often represent people charged with both fleeing and eluding and felony DUI, especially when the officer alleges that the driver was impaired at the time. The combination of these charges is what turns a regrettable mistake into a life-altering legal battle.

Florida prosecutors may file multiple charges:

  • Felony DUI under § 316.193(2)(b) if there’s a prior felony DUI or serious bodily injury involved.

  • Fleeing to elude with serious bodily injury under § 316.1935(3)(b), which is a first-degree felony.

  • Reckless driving under § 316.192, which may be added if speeding or swerving occurred during the incident.

If convicted on all counts, the judge can impose consecutive sentences. That’s why it’s not just about fighting one charge—it’s about strategically fighting all the charges together.

Defenses I Use to Fight Fleeing and Eluding Charges

Every case has its own facts, and every defense must be tailored to those facts. But here are some defenses I’ve successfully used:

  • Lack of Knowledge: You didn’t know the person was law enforcement. This can apply in unmarked vehicle situations or where the officer wasn’t in uniform.

  • Mistaken Identity: Someone else was driving. Surveillance, dashcam, or witness testimony can support this.

  • Emergency Situation: You were afraid for your safety or were driving to get medical help.

  • No Willful Refusal: You didn’t willfully flee. You slowed down in a safe location or didn’t hear/see the lights and sirens right away.

  • Procedural Issues: The officer violated policy during the pursuit, or the stop itself was unlawful, raising 4th Amendment challenges.

A private attorney can thoroughly investigate each of these potential defenses, file the right motions, and negotiate with the prosecutor directly. Public defenders, while hardworking, are usually overwhelmed and simply don’t have the time to go line-by-line through every detail.

A Real Case I Handled: Fleeing Charge Dismissed

Let me give you an example of a recent case.

A client was accused of fleeing a marked patrol car after leaving a nightclub. The officer claimed the driver sped off when lights and sirens came on. He was charged under § 316.1935(3)(a), a second-degree felony. To make matters worse, the client had two prior DUIs, and prosecutors were considering filing an additional felony DUI charge.

After reviewing the bodycam and dashcam footage, I noticed the officer didn’t activate his lights until my client had already begun a left turn. The turn took him behind a building and out of view for 10 seconds. He then pulled into a parking lot and parked. The arrest report claimed he tried to “evade,” but the video told another story.

I filed a motion to dismiss based on lack of willful flight. The judge agreed that there was no evidence of intentional evasion. The felony fleeing charge was dropped, and the DUI wasn’t pursued. My client walked out with a minor traffic ticket.

Without that motion—and without my ability to spend time digging into every frame of the footage—the client could have ended up with a felony on his record and a mandatory prison sentence.

The Long-Term Consequences of a Felony Fleeing Conviction

If you’re convicted of felony fleeing and eluding in Florida, the effects go far beyond prison time. You could:

  • Lose your driver’s license for a year or more.

  • Be denied job opportunities due to a felony record.

  • Lose access to housing, financial aid, or professional licenses.

  • Face additional punishment if the fleeing occurred while you were DUI, or while your license was suspended.

  • Be considered a Habitual Traffic Offender, which carries its own penalties.

All of this can happen even if you never hurt anyone. That’s why I always tell clients: the stakes are too high to try and go this alone.

Why You Need a Private Florida Felony Drunk Driving Defense Lawyer

No matter what your reason was for not stopping, once you’ve been charged, the focus needs to shift to building your defense. As a Florida Felony Drunk Driving Defense Lawyer, I handle these cases with the time and attention they demand.

A private lawyer can:

  • Interview witnesses who might otherwise be overlooked.

  • File detailed suppression motions.

  • Challenge video evidence and investigate police procedures.

  • Negotiate reduced charges such as misdemeanor resisting without violence or simple reckless driving.

  • Represent you in DMV license suspension hearings.

  • Push for pretrial diversion or other non-prison outcomes.

Hiring your own lawyer sends a message to the prosecutor that you are serious. It changes the way they approach the case and gives you leverage that often makes the difference between prison and a second chance.

FAQs: Florida Felony Drunk Driving Defense Lawyer Answers Your Fleeing and Eluding Questions

Can you go to prison for a first-time fleeing and eluding charge in Florida?

Yes, even first-time offenders can face prison time if charged with fleeing and eluding. Under § 316.1935, even the lowest level of fleeing is a third-degree felony, which carries up to 5 years in prison. If there’s high speed, reckless driving, or any injury, you could face mandatory minimums and up to 30 years depending on the facts. While judges have some discretion, prosecutors often push for incarceration to “send a message.” A private defense attorney can advocate for alternatives like probation, pretrial diversion, or reduced charges.

Does fleeing the police automatically mean you’ll lose your license?

A conviction for fleeing and eluding almost always leads to a driver’s license suspension. Under Florida law, the DMV is notified of the felony conviction, and you can be designated a Habitual Traffic Offender depending on your record. This results in a 5-year revocation. I always work to avoid this outcome by challenging the underlying charge or working out a plea to a lesser traffic offense that doesn’t carry such extreme consequences.

Can the police charge you with fleeing even if you stopped shortly afterward?

Yes, they can. Prosecutors only need to show that you willfully failed to stop when directed or tried to get away after stopping. If you kept driving for even a short distance, or turned into a parking lot instead of pulling over immediately, they may claim you were trying to flee. What matters is proving intent and timing—and that’s often where a strong defense can dismantle the case.

Is it better to accept a plea deal or go to trial on a fleeing charge?

It depends entirely on the facts. If the prosecution’s case is weak, or there are constitutional issues like improper stop or lack of intent, trial may be the best option. But many cases are resolved through negotiations—especially when the defense attorney puts pressure on the state with motions or weaknesses in the evidence. I always evaluate every option with my clients and make sure they understand the risks and benefits before deciding whether to go to trial or accept a plea.

How can a private defense attorney help in a fleeing and eluding case?

As a private Florida Felony Drunk Driving Defense Lawyer, I dedicate time to each case. That means reviewing video, cross-checking reports, analyzing radio logs, and interviewing witnesses. I’ll also argue for lower charges, challenge the legality of the traffic stop, and push for alternatives to prison. My goal is always to avoid a felony conviction whenever possible. The sooner I get involved, the more I can do to help.

Call a Florida Felony Drunk Driving Defense Lawyer Now Before It’s Too Late

If you’ve been accused of fleeing and eluding, you could be facing a felony, mandatory prison time, and a lifetime of consequences. But you’re not powerless. I’ve helped clients just like you get charges reduced, dismissed, or resolved without jail time—and I’m ready to fight for you too.

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 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.