According to data provided by the Florida Department of Law Enforcement, there were a total of 32,177 arrests made in the state for suspected driving under the influence (DUI) in 2018. While not every arrest will result in criminal charges, a substantial number of DUI arrests will lead to charges. Law enforcement officials and prosecutors in Florida take DUI crimes very seriously, and the consequences of a conviction can be severe. Some defendants facing DUI charges will avoid jail time, especially for a first offense. However, if a defendant is facing more serious DUI charges, such as felony DUI or DUI manslaughter, serving jail time is a probable outcome following conviction.
Florida’s DUI Laws – Statute Section 316.193
First and Second Offense
Under Florida law, it is illegal to operate and/or have control of a vehicle while under the influence of alcohol or drugs. The legal limit in Florida, as with most other states, is a blood-alcohol content of 0.08. What this means is that if a person’s BAC reading is 0.08 or higher, he or she may face the first-degree misdemeanor charge of driving under the influence. If convicted, a person faces up to six months in jail and a fine of up to $1,000 for a first DUI offense, and up to nine months in jail and a fine of up to $2,000 for a second DUI offense, which is also considered a first-degree misdemeanor.
Aggravated Felony DUI
If a person has two prior DUI convictions and is convicted for a third time within ten years of the second conviction, the crime becomes a third-degree felony. The punishment for a third-degree felony under Florida law is jail time of up to five years and a fine of up to $5,000. If a person has three prior DUI convictions and is convicted for the fourth time – regardless of whether the fourth conviction happens more than ten years after the prior conviction – the crime is considered a third-degree felony. Another DUI charge that is a third-degree felony under Florida law is a DUI offense that results in an accident that causes serious bodily injuries to another person. All DUI felony convictions are likely to result in jail time.
DUI Manslaughter
The most severe DUI charge under Florida law is DUI manslaughter. A person may face DUI manslaughter charges if his or her alleged act of driving while intoxicated resulted in an accident that caused the death of another person or unborn child who could have lived outside the womb (known as a “quick child”). DUI manslaughter is a second-degree felony under Florida law, which carries jail time of up to fifteen years and a fine of up to $10,000. Additionally, any person convicted of DUI manslaughter will be sentenced to a minimum of four years in prison.
Defending Florida Felony DUI Charges
While DUI charges in Florida are very serious – especially those that are felonies – defendants with the right Florida DUI Defense Attorney have a good chance to reach a result that may not otherwise be reached with a less experienced attorney or a public defender. Public defenders may be excellent attorneys, but they have limited resources to truly fight the prosecution from start to finish. With the help of a Florida DUI Defense Lawyer who has ample resources in terms of the number of lawyers and paralegals available to work on a case, access to the best experts, and a reputation of having a good relationship with prosecutors and judges, defendants are in a much better position to fight DUI charges.
Defending a DUI case to the fullest extent possible involves immediate action by the defense lawyer as soon as possible after a person is arrested and charged with driving under the influence. Examples of such action include, among others, the following:
- Evaluating the scene/location where the defendant was pulled over for allegedly driving under the influence;
- Evaluating and taking pictures of the scene of an accident if the alleged DUI was, in any way, related to a traffic accident;
- Speaking with the defendant before the defendant can be interrogated by the police;
- Being present at the time of any questioning of the defendant by police officers or detectives;
- Obtaining the police report and all other files and test results pertaining to the DUI incident;
- Obtaining the defendant’s criminal history as prior DUI convictions will shape the defense strategy; and
- Providing the defendant will all information and advice for what to expect going forward.
A defendant’s constitutional rights come into question the second he or she is pulled over on suspicion of drunk driving. All steps taken by law enforcement officials must comply with the U.S. Constitution, and any violation of constitutional rights could lead to the dismissal of criminal charges. As such, any person facing DUI charges should call an attorney the instant he or she has an opportunity to use the phone. Many people facing DUI charges do not realize they do not need to speak with police officers and investigators without the presence of an attorney. Having an attorney present during questioning is critical to helping the accused person have a better chance of fighting the prosecution and reaching a result that may avoid a long jail sentence.
Aggravated/felony DUI is very serious, and without the right Florida DUI Defense Attorney, defendants may be at risk of facing many years in jail and the permanent loss of their Florida driver’s license. Fighting felony DUI charges without the help of a highly skilled attorney is a mistake that many individuals regret after facing felony convictions that forever changed their lives.
Contact the Florida DUI Defense Attorneys of Musca Law Today to Protect Your Rights
If you are facing felony DUI charges, you need to act quickly to retain legal counsel. The consequences of being convicted of a felony are harsh and long-lasting. At Musca Law, we routinely handle serious felony DUI cases and have a track record of helping clients reach the best result possible given the situation. To find out how the Florida Felony DUI Defense Lawyers of Musca Law can help you, contact our office today to schedule your initial consultation by calling (888) 484-5057. Our attorneys are available 24/7 to speak with potential clients who are facing serious criminal charges.
Florida Criminal Defense Attorney Discusses Aggravated Felony DUI Charges
According to data provided by the Florida Department of Law Enforcement, there were a total of 32,177 arrests made in the state for suspected driving under the influence (DUI) in 2018. While not every arrest will result in criminal charges, a substantial number of DUI arrests will lead to charges. Law enforcement officials and prosecutors in Florida take DUI crimes very seriously, and the consequences of a conviction can be severe. Some defendants facing DUI charges will avoid jail time, especially for a first offense. However, if a defendant is facing more serious DUI charges, such as felony DUI or DUI manslaughter, serving jail time is a probable outcome following conviction.
Florida’s DUI Laws – Statute Section 316.193
First and Second Offense
Under Florida law, it is illegal to operate and/or have control of a vehicle while under the influence of alcohol or drugs. The legal limit in Florida, as with most other states, is a blood-alcohol content of 0.08. What this means is that if a person’s BAC reading is 0.08 or higher, he or she may face the first-degree misdemeanor charge of driving under the influence. If convicted, a person faces up to six months in jail and a fine of up to $1,000 for a first DUI offense, and up to nine months in jail and a fine of up to $2,000 for a second DUI offense, which is also considered a first-degree misdemeanor.
Aggravated Felony DUI
If a person has two prior DUI convictions and is convicted for a third time within ten years of the second conviction, the crime becomes a third-degree felony. The punishment for a third-degree felony under Florida law is jail time of up to five years and a fine of up to $5,000. If a person has three prior DUI convictions and is convicted for the fourth time – regardless of whether the fourth conviction happens more than ten years after the prior conviction – the crime is considered a third-degree felony. Another DUI charge that is a third-degree felony under Florida law is a DUI offense that results in an accident that causes serious bodily injuries to another person. All DUI felony convictions are likely to result in jail time.
DUI Manslaughter
The most severe DUI charge under Florida law is DUI manslaughter. A person may face DUI manslaughter charges if his or her alleged act of driving while intoxicated resulted in an accident that caused the death of another person or unborn child who could have lived outside the womb (known as a “quick child”). DUI manslaughter is a second-degree felony under Florida law, which carries jail time of up to fifteen years and a fine of up to $10,000. Additionally, any person convicted of DUI manslaughter will be sentenced to a minimum of four years in prison.
Defending Florida Felony DUI Charges
While DUI charges in Florida are very serious – especially those that are felonies – defendants with the right Florida DUI Defense Attorney have a good chance to reach a result that may not otherwise be reached with a less experienced attorney or a public defender. Public defenders may be excellent attorneys, but they have limited resources to truly fight the prosecution from start to finish. With the help of a Florida DUI Defense Lawyer who has ample resources in terms of the number of lawyers and paralegals available to work on a case, access to the best experts, and a reputation of having a good relationship with prosecutors and judges, defendants are in a much better position to fight DUI charges.
Defending a DUI case to the fullest extent possible involves immediate action by the defense lawyer as soon as possible after a person is arrested and charged with driving under the influence. Examples of such action include, among others, the following:
- Evaluating the scene/location where the defendant was pulled over for allegedly driving under the influence;
- Evaluating and taking pictures of the scene of an accident if the alleged DUI was, in any way, related to a traffic accident;
- Speaking with the defendant before the defendant can be interrogated by the police;
- Being present at the time of any questioning of the defendant by police officers or detectives;
- Obtaining the police report and all other files and test results pertaining to the DUI incident;
- Obtaining the defendant’s criminal history as prior DUI convictions will shape the defense strategy; and
- Providing the defendant will all information and advice for what to expect going forward.
A defendant’s constitutional rights come into question the second he or she is pulled over on suspicion of drunk driving. All steps taken by law enforcement officials must comply with the U.S. Constitution, and any violation of constitutional rights could lead to the dismissal of criminal charges. As such, any person facing DUI charges should call an attorney the instant he or she has an opportunity to use the phone. Many people facing DUI charges do not realize they do not need to speak with police officers and investigators without the presence of an attorney. Having an attorney present during questioning is critical to helping the accused person have a better chance of fighting the prosecution and reaching a result that may avoid a long jail sentence.
Aggravated/felony DUI is very serious, and without the right Florida DUI Defense Attorney, defendants may be at risk of facing many years in jail and the permanent loss of their Florida driver’s license. Fighting felony DUI charges without the help of a highly skilled attorney is a mistake that many individuals regret after facing felony convictions that forever changed their lives.
Contact the Florida DUI Defense Attorneys of Musca Law Today to Protect Your Rights
If you are facing felony DUI charges, you need to act quickly to retain legal counsel. The consequences of being convicted of a felony are harsh and long-lasting. At Musca Law, we routinely handle serious felony DUI cases and have a track record of helping clients reach the best result possible given the situation. To find out how the Florida Felony DUI Defense Lawyers of Musca Law can help you, contact our office today to schedule your initial consultation by calling (888) 484-5057. Our attorneys are available 24/7 to speak with potential clients who are facing serious criminal charges.