Felony DUI and License Suspension in Florida: How Long Will You Lose Your License?

A Private DUI Defense Attorney Can Help You Protect Your License and Your Future

If you are facing a felony DUI in Florida, your freedom is not the only thing on the line. Your driver's license is, too. In fact, felony DUI charges come with some of the harshest and longest-lasting license suspensions in the state. And those consequences often begin before you even step foot in a courtroom. I have defended individuals charged with felony DUI across Florida, and I've seen how quickly their lives can change. One moment you are under investigation, and the next, you are without a license and possibly headed toward a long-term revocation. My job as your defense lawyer is to stop that process from destroying your life.

If you're reading this, there's a good chance your license is already at risk. Time is not on your side. Florida law allows both administrative and criminal suspension of your license, and they happen on different tracks. That's one of the many reasons why having a private attorney handle your case is critical. You cannot count on the court to protect your driving privileges.

Felony DUI in Florida: When a DUI Goes from Misdemeanor to Felony

Under Florida law, a DUI becomes a felony under specific circumstances. Most DUI charges are misdemeanors, but the law elevates a DUI to a felony if:

• It is your third DUI within 10 years
• It is your fourth or subsequent DUI at any time
• The DUI caused serious bodily injury
• The DUI caused the death of another person

These felony charges are prosecuted under Florida Statute § 316.193. The statute is long, but here is the part relevant to felony classification:

Florida Statute § 316.193(2)(b)1: "Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree…"

Florida Statute § 316.193(2)(b)3: "Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction occurred, commits a felony of the third degree…"

What this means is that if you've been convicted of DUI twice in the last 10 years and pick up another charge, it will be a third-degree felony punishable by up to 5 years in prison and a 10-year license revocation.

Administrative License Suspension: What Happens Right After Arrest

The Florida Department of Highway Safety and Motor Vehicles (DHSMV) can suspend your license immediately if you fail a breath test or refuse testing. This happens before the criminal case even begins.

Under Florida Statute § 322.2615, a person who is arrested for DUI is subject to administrative suspension if:

• They had an unlawful blood-alcohol level of 0.08 or higher
• They refused to submit to a breath, blood, or urine test

The statute reads:

Florida Statute § 322.2615(1)(a): "The department shall suspend the driver's license of a person who has been arrested for a violation of s. 316.193 and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher…"

If this applies to you, the suspension can be:

• 1 year for a first refusal
• 18 months for a second or subsequent refusal
• 6 months for a first test failure
• 1 year for a second or subsequent test failure

You only have 10 days to request a formal review hearing to challenge this suspension. If you fail to act in time, you forfeit your chance to challenge the suspension. That's why having a private attorney involved from day one is critical. I handle these administrative hearings for my clients right away. We review the arrest process, breath test procedure, and every legal technicality to fight the license suspension before it becomes permanent.

Criminal Penalties: Long-Term Revocation of Driving Privileges

If you are convicted of felony DUI, you face automatic, mandatory revocation periods set by Florida law. These are separate from the administrative suspension and are handled by the criminal court and the DHSMV jointly.

According to Florida Statute § 322.28(2):

"Upon conviction of a person for a violation of s. 316.193, except as provided in paragraph (3)(a), the court shall revoke the driver's license or driving privilege of the person…"

The statute lays out the following revocation periods for felony DUI:

• Third DUI within 10 years: 10-year license revocation
• Fourth DUI (felony): Permanent revocation
• DUI with serious bodily injury: Minimum 3-year revocation
• DUI manslaughter: Permanent revocation, although you may apply for hardship reinstatement after 5 years

This means that even if you avoid jail, you could lose your ability to drive for years, or even for life. A public defender may not have the time to fight for license reinstatement or handle DHSMV proceedings. As your private attorney, I manage both the courtroom defense and the license issues so you're not blindsided by a loss of driving privileges.

Real Case Example: Felony DUI Reduced, License Reinstated

One client came to me after being charged with a third DUI within 10 years. The charge was filed as a third-degree felony, and his license was suspended the moment he refused the breath test. He was looking at a 10-year license revocation and a possible prison sentence.

After carefully reviewing the arrest records, I noticed the officer failed to advise him of the correct implied consent warnings. We also obtained video evidence that showed the field sobriety exercises were not properly conducted. I filed a motion to suppress the breath test refusal and challenged the probable cause for the stop.

Because of the legal pressure we applied, the prosecution ultimately agreed to reduce the charge to a misdemeanor second DUI. My client was able to avoid prison, and instead of a 10-year revocation, we secured a one-year hardship license. He kept his job, stayed with his family, and moved forward with his life. That kind of outcome is only possible when your defense starts early and includes aggressive representation on all fronts.

Common Defenses to Felony DUI and License Suspension

Every case has its own facts, but there are several defenses that can be successful when handled by the right attorney.

Challenging Prior Convictions:

Sometimes the state uses out-of-state convictions or very old cases to enhance your DUI to a felony. We review the legality of those prior cases. If any were not properly entered, we can challenge their use.

Illegal Traffic Stop:

If the officer lacked reasonable suspicion to stop you, we file a motion to suppress all evidence from the stop, including test results.

Improper Breath Test Procedure:

Florida has strict guidelines for how breath tests must be conducted. If the machine was not properly calibrated or the officer lacked proper certification, we can move to exclude the results.

Medical Conditions or False BAC Readings:

Health conditions like GERD, diabetes, or ketosis can produce false breath readings. We work with experts to prove that your BAC result may not reflect actual impairment.

Violation of Implied Consent Rights:

The law requires that officers read specific warnings before asking for a breath, blood, or urine sample. If they skip or misstate the warning, the test result or refusal may be thrown out.

Only a private defense lawyer with time and resources can develop these defenses properly. Most of them involve forensic review, expert testimony, and careful legal research. These strategies can lead to reduced charges, reinstatement of your license, or even dismissal.

Why You Need a Private Attorney Right Now

When you're facing a felony DUI, you are not just fighting for your freedom. You are fighting for your right to drive, your job, your family's financial stability, and your reputation. A public defender will represent you in court, but they are often unable to handle the DMV hearings, negotiate early reinstatement, or build a detailed challenge to your prior DUI history.

As your private attorney, I represent you in both the criminal courtroom and the administrative process. I bring in toxicologists, DUI investigation experts, and former law enforcement officers to break down the case against you. My team also handles hardship license applications and appeals, ensuring you don't lose your license without a fight.

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 Frequently Asked Questions

How long will my license be suspended for a felony DUI in Florida?

If you're convicted of a third DUI within 10 years, your license will be revoked for 10 years. A fourth DUI conviction results in permanent revocation. If your case involves serious injury or death, your license could be revoked for at least 3 years or permanently, depending on the charge. You may qualify for a hardship license after a set period if certain conditions are met.

Can I get a hardship license after a felony DUI conviction in Florida?

Yes, but there are restrictions. After a 5-year period with no driving and full compliance with DUI school and treatment, you may apply for a hardship license through the Bureau of Administrative Reviews. You must prove that you haven't consumed alcohol and haven't been arrested during that time. We assist clients in preparing these applications and presenting evidence that helps.

Is the administrative suspension separate from the court revocation?

Yes. The DMV can suspend your license even if your case hasn't gone to trial. This is called an administrative suspension, and it begins as soon as you are arrested if you either fail a breath test or refuse testing. You must act within 10 days to challenge it, which is why immediate legal help is important.

Can my felony DUI be reduced to a misdemeanor?

In some cases, yes. If we can challenge the validity of your prior DUI convictions or suppress critical evidence like breath test results, the prosecutor may agree to reduce the charge. This can dramatically reduce the license consequences as well. Each case is different, but early legal intervention helps increase your options.

How can a private attorney help me keep my license?

A private DUI lawyer represents you at the DMV hearing, the criminal court, and during any hardship license proceedings. We know the arguments that work, the forms that must be filed, and how to bring in evidence to challenge the suspension. Many public defenders don't handle the administrative side, which means your license can be lost even before the case is decided.

What if my prior DUI convictions were from another state?

Florida courts can use out-of-state DUI convictions to enhance charges, but only if those convictions are valid under Florida standards. We often find that out-of-state cases didn't meet Florida legal requirements. If we can exclude one of those priors, your felony charge may become a misdemeanor.

Do I have to install an ignition interlock device?

If you are granted a hardship license or eventually have your license reinstated, Florida law may require you to install an ignition interlock device for a certain period. The duration depends on your prior DUI history and BAC level. We work to minimize these requirements 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.