Defenses That Can Apply in Florida Felony DUI Cases

Felony DUI Charges in Florida Are Serious — Here’s How We Fight to Protect Your Rights, Freedom, and Future

Felony DUI charges in Florida are among the most serious criminal offenses involving driving. A conviction could cost you years in prison, thousands of dollars in fines, and a permanent criminal record that affects employment, housing, and professional licenses. If you’re facing a felony DUI charge, you may feel like the odds are stacked against you. But I’ve represented people in your situation, and I can tell you this: the government doesn’t always get it right, and strong defenses do exist.

As a Florida DUI defense attorney, I build every case around the facts and the law. No two cases are alike, and your defense should reflect that. In this article, I’ll walk you through how felony DUI charges are prosecuted under Florida law, the statutes involved, and the defenses we use to challenge them. And I’ll explain, using real case experience, why having a private attorney can make a significant difference in your outcome.

When a DUI Becomes a Felony in Florida

Under Florida law, most first and second DUI offenses are classified as misdemeanors. But there are several situations where a DUI automatically becomes a felony. The law is clear about when this happens.

The primary statute governing DUI offenses is Florida Statute § 316.193.

“A person who is driving or in actual physical control of a vehicle within this state and who is under the influence of alcoholic beverages… to the extent that the person’s normal faculties are impaired or has a blood-alcohol level of 0.08 or more… is guilty of the offense of driving under the influence.”

Felony charges can result in the following situations:

• Third DUI within 10 years (a third-degree felony)
• Fourth or subsequent DUI (a third-degree felony regardless of timing)
• DUI causing serious bodily injury (third-degree felony)
• DUI manslaughter (second-degree felony, or first-degree if the driver fled the scene)

If you’re accused under any of these categories, you’re facing real prison time, and the State Attorney’s Office often seeks maximum penalties. That’s why you need a private lawyer who can challenge the foundation of the case from the start.

Key Defenses to Felony DUI Charges in Florida

Let’s talk about the defenses that I use in court. These defenses aren’t generic strategies. They’re fact-specific, evidence-driven, and custom-built for each client.

Challenging the Traffic Stop

Many felony DUI cases begin with a traffic stop. If the officer didn’t have a lawful reason to stop you in the first place, everything that followed, including field sobriety tests and breath or blood results, may be suppressed.

Under Florida Statute § 901.151, also known as the Florida Stop and Frisk Law:

“Whenever any law enforcement officer… has reasonable suspicion to believe that a person has committed, is committing, or is about to commit a violation… the officer may temporarily detain such person.”

If we can prove the officer lacked reasonable suspicion or probable cause, we can file a motion to suppress. If granted, the case may fall apart entirely.

Attacking the Breath or Blood Test Results

Breathalyzer machines are not perfect. They require regular calibration and proper administration. We’ve had DUI cases dismissed after proving the machine hadn’t been properly serviced or the officer failed to follow required procedures.

According to Florida Administrative Code Rule 11D-8, law enforcement must follow strict guidelines when administering breath tests. If they don’t, the results can be excluded from evidence.

In felony DUI cases involving serious injury or death, the State may rely on blood tests. If blood was drawn without a warrant and without consent, and no valid exception applies, we can move to suppress that evidence.

Questioning the Officer’s Observations

“Slurred speech,” “bloodshot eyes,” and “odor of alcohol” show up in almost every police report. But these observations are subjective. Slurred speech can be caused by fatigue or medical conditions. Red eyes might come from allergies or crying. I cross-examine officers to show jurors that these conclusions aren’t always trustworthy.

We also use video evidence. Body cam footage and dashcam video often contradict the officer’s claims. I’ve had multiple cases dropped after we presented a video that clearly showed the client speaking clearly, walking steadily, and showing no signs of impairment.

Disputing Actual Physical Control

In Florida, you don’t have to be driving to be charged with DUI. If you’re found “in actual physical control” of the vehicle while impaired, you can still be arrested.

But actual physical control requires more than just sitting in the driver’s seat. The car must be operable, and the person must have access to the keys. We’ve won felony DUI cases where clients were asleep in their parked cars, keys not in the ignition, with no intent to drive.

Proving Lack of Causation in Injury Cases

In felony DUI cases involving serious bodily injury or death, the State must prove that the impaired driving caused the injury.

Let’s look at Florida Statute § 316.193(3)(a):

“Any person who, by reason of such operation while intoxicated, causes or contributes to causing serious bodily injury to another… commits a felony of the third degree.”

If someone else caused the crash—or if the injuries would have occurred regardless of your driving—causation becomes a weak link in the State’s case.

Real Case Example: DUI with Injury Reduced to Reckless Driving

One of my clients was charged with felony DUI causing serious bodily injury after a rear-end crash in Broward County. The driver of the other vehicle suffered a fractured wrist. My client admitted to having two glasses of wine earlier in the evening. A blood sample showed a BAC of 0.09.

The police never investigated whether the other driver slammed on their brakes, and their witness admitted the traffic was stop-and-go. I obtained dashcam footage from a nearby business and brought in an accident reconstruction expert who showed that the collision would have occurred regardless of impairment.

We filed a motion challenging the reliability of the blood test and showed that the chain of custody was broken. As a result, the felony DUI charge was dropped, and the client pleaded to a misdemeanor reckless driving charge with no jail time and no felony record.

Prior Convictions and Sentencing Enhancements

In felony DUI cases involving multiple prior offenses, the prosecution has to prove those convictions were valid. Sometimes, earlier DUIs were pled without the defendant having legal representation. If we can show a constitutional violation in the prior conviction, it may be excluded, and the felony may be downgraded to a misdemeanor.

Why You Need a Private Attorney for Felony DUI Defense

Felony DUI charges are not handled the same as standard DUIs. They involve higher penalties, more aggressive prosecution, and more complicated legal issues. These cases may include toxicology reports, crash data, medical records, expert witnesses, and multiple officers.

A public defender may not have the bandwidth to review all of this in detail or challenge each piece of the State’s case. As your private defense lawyer, I give your case the time and attention it deserves. I build the defense from the ground up, starting with a thorough investigation and moving aggressively to suppress unlawful evidence, attack weak links, and protect your record and your future.

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.

Florida Felony DUI Defense Frequently Asked Questions (FAQs)

What is considered a felony DUI in Florida?

Felony DUI charges in Florida can result from a third DUI within 10 years, a fourth DUI at any time, DUI causing serious bodily injury, or DUI manslaughter. Each of these carries substantial prison time, and some are subject to mandatory minimum sentencing. The charge depends on both the current facts and your criminal history.

Can I fight a felony DUI if I failed a breath test?

Yes. Breath tests can be challenged based on how they were administered, whether the machine was properly calibrated, and whether you had medical conditions that could have influenced the result. A failed test does not automatically mean you’ll be convicted, especially if there were errors during the testing process.

What is the penalty for a third DUI within 10 years in Florida?

A third DUI within 10 years is a third-degree felony. It can lead to up to 5 years in prison, a minimum 10-year driver’s license revocation, mandatory ignition interlock installation, and a fine of up to $5,000. That’s why mounting a defense early is essential to avoid these life-changing consequences.

Do I have to be driving to be charged with DUI in Florida?

No. Florida law allows for DUI charges if you’re in “actual physical control” of the vehicle while impaired. That includes situations where someone is sitting in the driver’s seat with the keys nearby, even if the engine isn’t running. These cases are very fact-specific, and defenses often focus on whether there was intent or ability to drive.

Is DUI manslaughter in Florida a mandatory prison sentence?

Yes. DUI manslaughter is a second-degree felony punishable by up to 15 years in prison, and Florida’s sentencing guidelines typically recommend significant prison time. If the driver fled the scene, it becomes a first-degree felony, with penalties up to 30 years. Building a defense early may help reduce the charge or avoid incarceration.

How can I defend against DUI with serious bodily injury charges?

Defenses include lack of causation, questioning whether the injuries meet the legal definition of “serious,” and challenging whether the driver was actually impaired. A strong defense also involves analyzing crash reports, medical records, and eyewitness statements to expose weaknesses in the prosecution’s case.

Can a felony DUI be expunged in Florida?

No. Florida law prohibits expungement or sealing of DUI convictions, even if they are misdemeanors. That’s why fighting the charge from the start is so important. Avoiding a conviction is the only way to keep your record clean and protect your future opportunities.

Will I lose my license if I’m charged with a felony DUI?

Yes. Felony DUI charges typically result in administrative license suspension and, upon conviction, long-term revocation. In some cases, you may be eligible for a hardship license, but this depends on your record and the nature of the offense. We help clients fight for limited driving privileges where possible.

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.