Charged With a Felony DUI in Florida? Building a Strong Defense Early Could Be the Key to Saving Your Freedom

When you are arrested and charged with a felony DUI in Florida, your life can change overnight. Felony DUI cases are serious. These cases carry long prison sentences, steep fines, and years without a driver's license. They can affect your job, your family, and your freedom. If you are facing one, the decisions you make in the first few days can shape the outcome. That is why hiring a private criminal defense lawyer right away is not just smart, it is necessary.

As a Florida DUI defense attorney, I've stood beside people who thought they were out of options. But I've also seen what happens when we get involved early. Felony DUI trials are not about second chances; they are about protecting your rights from the moment you're accused.

What Makes a DUI a Felony in Florida?

Under Florida law, most DUI cases begin as misdemeanors. But certain aggravating circumstances automatically push them into felony territory.

Florida Statute § 316.193(2)(b)–(3) outlines these situations:

"Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction… commits a felony of the third degree."

"Any person who causes serious bodily injury… while driving under the influence… commits a felony of the third degree."

"Any person who causes the death of any human being… while driving under the influence… commits DUI manslaughter, a felony of the second degree…"

Depending on the situation, a felony DUI in Florida can be a third-degree felony (up to 5 years in prison), a second-degree felony (up to 15 years), or even a first-degree felony in cases with multiple deaths or a prior manslaughter conviction.

Why Building a Defense Early Makes a Difference

Felony DUI trials are shaped by what happens long before the trial ever begins. Law enforcement starts gathering evidence immediately. Prosecutors begin building their case before you ever step foot in a courtroom.

As a private attorney, I am not waiting for the State to send me discovery. I start requesting video, dash cam footage, and arrest reports as soon as I'm retained. I bring in investigators when the facts are unclear. I review every breathalyzer record, field sobriety test, and police body cam to find inconsistencies that can shift a case.

Waiting to defend yourself puts you at a disadvantage. That is why hiring a private lawyer early is essential. Public defenders are overloaded and usually come in after charges have already been filed. I work to prevent charges when possible, or at the very least, to negotiate from a position of strength.

Real Case Example: Felony DUI with Injury, No Jail Time

One of my clients in Tampa was charged with a felony DUI after crashing into another car and injuring the driver. It was his third DUI arrest in eight years, and the prosecutor was seeking state prison time. The client had a family and ran his own business. He had never been to jail, and now he was looking at years behind bars.

I immediately secured the crash report, video footage, and EMS records. What we found was important. The alleged victim had exited their vehicle and told police at the scene that they were "fine" and refused medical treatment. Days later, they filed an insurance claim and began complaining of "serious injuries."

We brought in a medical expert who reviewed the records and concluded the injuries were minor and likely not caused by the crash. I also obtained my client's prior court records and showed that one of his past DUIs had been resolved through a plea that did not qualify as a conviction under Florida law. That brought the third DUI down to a misdemeanor range.

After months of fighting, the State agreed to reduce the felony to a misdemeanor DUI with probation and no jail time. My client kept his business, his license (with restrictions), and his freedom.

Trial Strategy: How I Defend Felony DUI Cases in Florida

Felony DUI cases are prosecuted aggressively in Florida, especially when there's a crash, injury, or repeat offense involved. Here's how I handle these cases:

1. Challenge the Traffic Stop

Police must have reasonable suspicion to pull you over. If there was no valid traffic violation, I would move to suppress everything that happened after the stop.

2. Question the Field Sobriety Tests

These tests are subjective. They rely on the officer's opinion, not science. I cross-examine the officer and bring in experts to explain why the tests are unreliable, especially on uneven pavement, in bad weather, or under stress.

3. Examine the Breath or Blood Test

Florida law, under § 316.1932, requires proper calibration and administration of breathalyzers:

"The person shall be told that if he or she refuses… his or her privilege to operate a motor vehicle shall be suspended…"

If the device was not working properly or if the implied consent warning was not properly given, the test result may be suppressed.

4. Review the Chain of Custody

Blood samples must be handled precisely. If there are gaps in the record or if the sample was not stored correctly, I argue for exclusion.

5. Investigate the Injury or Fatality

If you're charged with DUI causing injury or death, the prosecution must prove causation. That means showing that your driving, not someone else's, caused the injuries. I investigate the accident thoroughly with independent reconstruction experts when needed.

Defenses That Can Apply in Felony DUI Cases

The strongest defenses often depend on the unique facts of the case. Some of the most effective include:

  • Medical Conditions: Conditions like diabetes, neurological disorders, or injuries can mimic intoxication symptoms. I work with medical professionals to provide evidence that explains behavior or appearance.
  • Improper Police Conduct: If an officer deviates from proper procedure, I challenge the legality of the arrest or suppression of evidence.
  • No Actual Physical Control: Florida law requires proof that you were in "actual physical control" of the vehicle. If you were sleeping in the car or pulled off the road, we may be able to argue you were not operating the vehicle.
  • Invalid Prior Convictions: For repeat DUI cases, the prosecution must prove prior convictions were legally valid. I review prior court records and often find errors or plea deals that do not count as prior offenses.

Florida's Mandatory Minimums and Sentencing Enhancements

Florida law imposes mandatory minimums for felony DUI cases. For example:

  • A third DUI within 10 years requires a minimum 30 days in jail and a 10-year license revocation.
  • DUI with serious bodily injury carries a minimum 3-year license revocation.
  • DUI manslaughter has a mandatory minimum of 4 years in prison.

Sentencing enhancements also apply if a minor was in the vehicle or if your blood alcohol content (BAC) was .15 or higher.

Only a private attorney has the time to build a sentencing mitigation package that can persuade a judge to reduce your exposure. I gather evidence of your background, employment, family responsibilities, and any substance abuse treatment you've completed to show the court you deserve leniency.

Why a Private DUI Attorney Makes a Difference

Felony DUI cases involve complex issues. Accident reconstruction, medical records, scientific testing, and constitutional law all come into play. Public defenders do excellent work, but they are often managing dozens of cases at once.

When you hire me, I give your case the attention it needs. I meet with you regularly, involve investigators, and tailor your defense to your goals. Whether you want to fight the case at trial or seek a negotiated plea to protect your record and avoid jail, I work toward the result that fits your situation best.

You only get one chance to defend a felony DUI charge. You need someone who is fully committed to protecting your rights and fighting for your freedom from day one.

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 Charge Frequently Asked Questions (FAQs)

What makes a DUI a felony in Florida?

A DUI becomes a felony in Florida if it involves a third conviction within 10 years, causes serious bodily injury, involves a death (DUI manslaughter), or if the person has a prior DUI manslaughter conviction. Florida Statute § 316.193 spells out these felony-level offenses and their penalties. Felony charges carry higher fines, mandatory jail time, and long-term license revocations.

How long can you go to prison for a felony DUI in Florida?

Prison time depends on the level of the felony. A third-degree felony carries up to 5 years. DUI causing serious injury can also carry up to 5 years. DUI manslaughter is a second-degree felony punishable by up to 15 years. If enhancements apply, the sentence can be higher. Some cases require minimum prison time even for a first offense.

Can a felony DUI be reduced to a misdemeanor?

Yes, but it depends on the facts. If one of the prior DUIs is invalid or outside the 10-year lookback period, it may not count. If there is no serious injury or the evidence of impairment is weak, the prosecutor may agree to reduce the charge. This usually requires a strong defense and early intervention by a private attorney.

What are the long-term consequences of a felony DUI conviction in Florida?

A felony DUI conviction can impact your career, your driver's license, your ability to vote, and your ability to own firearms. You may also face higher insurance costs, limits on professional licensing, and immigration consequences. That's why avoiding a felony conviction through a plea, dismissal, or trial win is a top priority.

Is it possible to fight a felony DUI case at trial and win?

Yes, but it takes preparation and a strong legal strategy. Felony DUI trials involve complicated evidence and often emotional witnesses, especially in injury or death cases. A private defense attorney can bring in independent experts and prepare cross-examination that exposes weaknesses in the State's case.

What should I do immediately after a felony DUI arrest?

Contact a private DUI lawyer right away. Do not answer questions without legal counsel. Write down everything you remember about the stop, arrest, and any tests performed. Save copies of any paperwork the police gave you. Time matters in these cases, especially if we want to secure evidence like dashcam footage or witness statements.

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 attorneysHere'sated 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.