Felony DUI in Florida Comes With Life-Changing Consequences, But You’re Not Out of Options

If you’ve been charged with an aggravated DUI in Florida, your entire future may be on the line. These are not simple traffic violations. Prosecutors pursue these cases aggressively, and the penalties often involve mandatory prison time, long license suspensions, and permanent felony records. I’ve defended clients in Florida who were terrified, confused, and unsure of what to do next. If that’s you, let me be clear—now is the time to hire a private DUI defense lawyer who understands what is at stake and how to fight back.

What Is an Aggravated DUI in Florida?

Aggravated DUI isn’t a specific charge on its own, but rather a more serious level of a DUI based on certain aggravating factors. These can turn a standard misdemeanor DUI into a felony or enhance the penalties dramatically under Florida law.

Under Florida Statutes § 316.193, a person is guilty of DUI if:

“The person is driving or in actual physical control of a vehicle within this state and… the person is under the influence of alcoholic beverages, any chemical substance… or any controlled substance… to the extent that the person's normal faculties are impaired,”
or
“The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”

The baseline penalties under this statute can become far more severe if one or more aggravating circumstances apply.

Common Aggravating Factors in Florida DUI Cases

These are some of the most common situations that elevate a DUI to aggravated status:

  • Third DUI within 10 years (Felony of the Third Degree)
    Florida Statute § 316.193(2)(b)1 outlines that if a person is convicted of a third DUI within 10 years, it becomes a third-degree felony.

  • DUI Causing Serious Bodily Injury (Felony of the Third Degree)
    Under § 316.193(3)(a):

    “Any person who causes or contributes to causing serious bodily injury… while driving under the influence… commits a felony of the third degree.”

  • DUI Manslaughter (Felony of the Second Degree or First Degree with Leave the Scene)
    Under § 316.193(3)(c):

    “If the person causes or contributes to the death of any human being or unborn child… commits DUI manslaughter, a felony of the second degree.”

    If the driver fails to give information or render aid and leaves the scene, it becomes a first-degree felony.

  • DUI With Minor in the Vehicle or BAC of 0.15 or Higher
    While this is still a misdemeanor, it carries enhanced penalties:

    • Higher fines

    • Mandatory ignition interlock

    • Longer license suspensions

    • Longer mandatory jail time

These circumstances often lead prosecutors to push for harsher sentences, and judges tend to follow that lead unless the defense dismantles the narrative early in the case.

Real Case Example: From Felony DUI to Dismissal

A client contacted my office after being arrested in Florida for his third DUI within seven years. The charge was filed as a third-degree felony. He had refused the breath test, and the police claimed he was swerving and nearly hit a mailbox.

We quickly filed a motion to suppress the traffic stop, arguing there was no probable cause for the initial stop. The dashcam showed the vehicle briefly touching the white fog line but no dangerous driving. We also reviewed his previous convictions and uncovered a serious problem: one of the prior DUIs was a "wet reckless" plea in another state, and it didn't qualify as a DUI under Florida law.

As a result, we successfully challenged the felony designation and had the case reduced to a first-offense misdemeanor. The client avoided prison, avoided a felony record, and walked away with a probation-only sentence. If we hadn’t started working immediately, the outcome could’ve been devastating.

Defenses Against Aggravated DUI Charges in Florida

Every case depends on the facts, but these are some of the most effective defenses I’ve used to fight aggravated DUI charges in Florida:

Lack of Probable Cause

If the stop, arrest, or field sobriety tests were conducted without legal justification, we can file motions to suppress the evidence. That may leave the prosecutor without a case.

Breath or Blood Test Errors

Machine calibration issues, improper administration, or procedural violations can render test results inadmissible. This is especially important in cases where a BAC over 0.15 leads to enhanced penalties.

Medical Conditions

Some individuals have medical conditions like diabetes, acid reflux, or neurological disorders that mimic signs of impairment. When police misinterpret these symptoms, we bring in medical professionals to correct the record.

Inaccurate Prior Convictions

Not all out-of-state or prior plea agreements qualify as DUIs under Florida law. We analyze the record and file objections when a felony enhancement is based on an improper prior.

No Causation

In serious injury or manslaughter cases, the prosecution must prove the DUI caused or contributed to the crash. If another driver or external condition was to blame, we bring in accident reconstruction experts to make that clear.

As a private DUI defense attorney, I don’t take the state’s version at face value. I dig through every piece of the case, line by line, to find errors, oversights, or misconduct. That kind of detail-oriented approach requires time and resources—and that’s why hiring a private lawyer matters.

Felony DUI Penalties in Florida

Once a DUI becomes a felony, the sentencing ranges expand dramatically:

  • Third-Degree Felony (e.g., 3rd DUI in 10 years or DUI with serious injury):
    Up to 5 years in prison and up to $5,000 in fines.

  • Second-Degree Felony (DUI Manslaughter):
    Up to 15 years in prison and up to $10,000 in fines.

  • First-Degree Felony (DUI Manslaughter with Leaving the Scene):
    Up to 30 years in prison and up to $10,000 in fines.

Beyond the prison time and fines, a felony DUI conviction leads to:

  • Lifetime felony record

  • Long-term driver’s license suspension or revocation

  • Mandatory ignition interlock device

  • Loss of professional licenses

  • Immigration consequences

  • Career and housing impacts

These long-term effects make it essential to act quickly and with skilled legal guidance.

Why You Need a Private DUI Defense Attorney

Aggravated DUI charges are far more complex than standard misdemeanor cases. They often involve:

  • Crash investigations

  • Medical records

  • Blood or urine testing

  • Out-of-state records

  • Expert witnesses

Public defenders are often overwhelmed with heavy caseloads and may not have the time to contest every piece of evidence. That’s not how I work. When you hire me, I bring in the right people—accident reconstructionists, forensic toxicologists, private investigators—whatever is necessary to build your defense.

Early legal action can make or break a case. Whether it’s preserving surveillance footage, interviewing witnesses, or filing motions to suppress, your defense begins the moment you call.

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.

Florida Aggravated DUI Defense Frequently Asked Questions

What makes a DUI “aggravated” in Florida?
An aggravated DUI involves factors that make the charge more serious, such as having a high blood alcohol level (0.15 or more), causing serious injury, having a child passenger, or having prior DUI convictions. These elements increase the penalties and may result in felony charges instead of a misdemeanor.

Can a third DUI offense really be charged as a felony in Florida?
Yes. Under Florida law, a third DUI within 10 years of a previous conviction can be charged as a third-degree felony. That carries up to 5 years in prison, significant fines, and a long license revocation. Whether the prior convictions qualify depends on specific legal standards. I’ve had success getting felony designations thrown out by challenging those prior records.

What are the penalties for a DUI causing serious bodily injury?
DUI causing serious bodily injury is a third-degree felony, which means a defendant could face up to 5 years in prison, up to a $5,000 fine, and long-term driver’s license suspension. The state must prove that the driver caused or contributed to the injury while under the influence.

How long will my license be suspended for an aggravated DUI?
If convicted, a third DUI within 10 years carries a 10-year license revocation. DUI causing injury or manslaughter often comes with multi-year suspensions or permanent revocation. If your license is essential for work or medical care, we can explore hardship license options or challenge the administrative suspension separately.

Can I still avoid jail time on a felony DUI charge?
In some cases, yes. First, we look for grounds to reduce the charge to a misdemeanor. If the facts don’t support dismissal, we can negotiate alternative sentencing options like probation, treatment, community control, or residential rehab. The earlier you involve a lawyer, the more options we can preserve.

Does Florida allow sealing or expungement of felony DUI convictions?
No. DUI convictions, including felony DUIs, are not eligible for sealing or expungement in Florida. That’s why it’s critical to fight the charges before a conviction is entered. Avoiding a conviction—or getting the charge reduced to something eligible—is often the only way to protect your future.

What happens if I had a child in the car during the DUI arrest?
Having a child under 18 in the vehicle at the time of the DUI triggers enhanced penalties, including higher fines, mandatory ignition interlock installation, and mandatory jail time, even on a first offense. Prosecutors take these cases very seriously. It’s crucial to have legal counsel immediately.

Can I be charged with felony DUI if no one was hurt?
Yes. If it’s your third DUI within 10 years or your fourth overall, you can be charged with a felony even if there was no accident or injury. Florida law punishes repeat offenders with increasingly severe penalties, including felony-level consequences.

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.