Florida's Fleeing and Eluding Law Explained

As a Florida Felony Drunk Driving Defense Lawyer, I have represented countless clients who never expected a traffic stop to escalate into a felony arrest. But in Florida, fleeing or attempting to elude law enforcement during a traffic stop can bring life-changing consequences.

The law under Florida Statutes § 316.1935 defines several levels of fleeing and eluding, depending on factors such as lights and sirens, high speed, reckless driving, or causing injury or death. Even without an accident, the act of not pulling over immediately for law enforcement can lead to a felony charge.

Let’s look at the law:

Florida Statutes § 316.1935(1):
“It is unlawful for the operator of any vehicle, having knowledge that he or she has been directed to stop such vehicle by a duly authorized law enforcement officer, to willfully refuse or fail to stop the vehicle in compliance with such order, or, having stopped in knowing compliance with such a directive, willfully flee in an attempt to elude the officer.”

This is the foundation of a third-degree felony charge. If sirens and lights were activated, or if there was a high-speed pursuit or reckless driving involved, the charge can quickly rise to a second- or even first-degree felony.

Why a Private Attorney Is Critical in These Cases

If you are facing a felony fleeing and eluding charge, public defenders are often stretched thin and may not have the time to challenge the small—but critical—details of your case. I make it my job to examine the law enforcement report line-by-line, challenge the basis of the traffic stop, and scrutinize whether the officer clearly identified themselves with proper lights and sirens as required by statute.

With a private defense lawyer by your side, you’re not just hoping for the best—you’re fighting with strategy, skill, and a firm grasp of what the law demands from the prosecution.

Different Levels of Fleeing and Eluding Charges in Florida

Florida law categorizes fleeing and eluding into multiple levels depending on aggravating circumstances.

1. Basic Fleeing to Elude – Third-Degree Felony

Under § 316.1935(1), refusing to stop after being signaled by law enforcement constitutes a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

2. Fleeing with Sirens/Lights Activated – Third-Degree Felony

Under § 316.1935(2), if the officer was in an authorized patrol vehicle with lights and sirens activated, the act still qualifies as a third-degree felony.

3. Fleeing with High Speed or Reckless Driving – Second-Degree Felony

§ 316.1935(3) elevates the charge when the accused drives at high speed or in a manner demonstrating a wanton disregard for safety. This includes up to 15 years in prison and a 3-year driver’s license revocation.

4. Fleeing Causing Serious Injury or Death – First-Degree Felony

Under § 316.1935(4), if someone is seriously injured or killed during the fleeing event, the offense becomes a first-degree felony with a minimum 3-year prison sentence and a maximum of 30 years.

Common Scenarios That Lead to Fleeing and Eluding Charges

Many clients tell me they didn’t intend to flee. They were simply looking for a safe place to pull over, didn’t see the lights, or were panicked due to intoxication. Unfortunately, the law often assumes intent, especially when the stop was delayed by even a few seconds.

This issue becomes even more serious when alcohol or drugs are suspected. Prosecutors often stack a fleeing and eluding charge on top of DUI charges, making the consequences more severe and the case harder to resolve.

Real Case Example: Charges Reduced and No Jail Time

One client I represented was a 29-year-old man pulled over in Hillsborough County just after midnight. He had two passengers in the car and was returning from a restaurant. The officer stated my client did not stop for approximately one mile after lights and sirens were activated, and he was later charged under § 316.1935(2) and also with DUI.

My client told me he saw the lights but was unsure if the vehicle was a real police car, so he waited until he reached a gas station before pulling over. There were no erratic maneuvers, speeding, or reckless behavior.

We argued:

  • The officer did not announce his identity over a loudspeaker,

  • The area was dimly lit and unsafe,

  • My client’s behavior did not match the statute’s requirement of willful fleeing.

The State Attorney agreed to reduce the fleeing and eluding charge to a misdemeanor obstruction and drop the DUI. My client received probation and avoided jail.

What Defenses Can Be Raised in a Florida Fleeing and Eluding Case?

There are several potential defenses, but each case must be evaluated on the facts. These are some that I regularly use:

1. Lack of Willful Intent

The law requires the act to be “willful.” If the driver was confused, did not realize they were being pulled over, or feared for their safety, this can create reasonable doubt.

2. Unlawful or Unclear Police Stop

The officer must be in an authorized vehicle with lights and sirens. If the vehicle was unmarked or the officer was not clearly identified, it may not meet statutory standards.

3. No High-Speed or Reckless Driving

For second-degree felony charges, the prosecution must prove that the defendant drove recklessly or at high speed. Mere delay in stopping may not satisfy that element.

4. Lack of Serious Bodily Injury

If someone is charged under § 316.1935(4), the State must show “serious bodily injury.” We often challenge the medical records or causation linking the flight to the injury.

Other Related Statutes That May Be Charged Simultaneously

Fleeing and eluding rarely stands alone. I frequently defend clients charged under multiple sections of Florida law in a single event:

  • Florida Statute § 316.193 – Driving Under the Influence (DUI)

  • Florida Statute § 843.01 – Resisting Officer with Violence

  • Florida Statute § 843.02 – Resisting Officer without Violence

  • Florida Statute § 322.34 – Driving While License Suspended or Revoked

  • Florida Statute § 784.07 – Assault on Law Enforcement

In many cases, the initial traffic infraction or DUI stop spirals into these additional felony charges due to how law enforcement interprets the driver’s actions.

Consequences of a Felony Conviction for Fleeing and Eluding

A conviction for fleeing and eluding can have a long-lasting effect on your life. In addition to the immediate criminal penalties, you face:

  • Loss of civil rights (voting, firearm possession)

  • Mandatory license suspension or revocation

  • Permanent criminal record, affecting housing and employment

  • Possible immigration consequences

  • Insurance rate increases or cancellation

This is why hiring a private Florida Felony Drunk Driving Defense Lawyer matters. Every moment in your defense counts—especially in a case where intent and officer conduct can determine whether you're convicted of a felony or walk away with a reduced charge.

Why You Should Never Fight These Charges Alone

A felony charge for fleeing and eluding is a serious matter. Public defenders may not have the bandwidth to gather dash cam footage, cross-examine the officers thoroughly, or hire necessary experts.

In my practice, I use aggressive pre-trial motions to exclude weak evidence, negotiate with the State early for possible charge reductions, and prepare every case as if it will go to trial.

This is not the type of charge to plead guilty to without a serious legal review. Prosecutors may paint a picture of intentional evasion, when in reality, it may have been a misunderstanding, a delay for safety, or an exaggerated interpretation of what happened.

Florida Felony Drunk Driving Defense Lawyer – Fleeing and Eluding FAQs

What makes fleeing and eluding a felony in Florida?
Fleeing and eluding becomes a felony in Florida when a driver willfully fails to stop after being directed by law enforcement, especially if sirens and lights are used. The severity increases if the person flees at high speeds, drives recklessly, or causes injury or death. Even without an accident, it is a third-degree felony, and penalties increase dramatically based on circumstances.

Is it still a felony if I was afraid and didn’t stop immediately?
Yes, but intent is a critical part of the statute. The law requires the State to prove that you "willfully" failed to stop. If you were unsure about the identity of the officer, feared for your safety, or genuinely didn’t realize you were being pulled over, these are viable defenses that could result in reduced charges or dismissal.

What penalties could I face for fleeing and eluding in Florida?
Penalties depend on the subsection of the statute. A third-degree felony can mean up to 5 years in prison and a 5-year license revocation. A second-degree felony involving reckless driving or high-speed pursuit carries up to 15 years. If the offense caused serious bodily harm, it’s a first-degree felony with up to 30 years in prison and a mandatory minimum of 3 years.

Can I be charged with both DUI and fleeing and eluding?
Absolutely. In fact, it's common. Officers often charge fleeing and eluding along with DUI to increase pressure during prosecution. Prosecutors may use the fleeing charge to argue consciousness of guilt, which can impact sentencing. As a Florida Felony Drunk Driving Defense Lawyer, I’ve fought many of these dual-charge cases, often getting one or both charges dropped or reduced.

What are my chances of getting the charge reduced or dismissed?
That depends on the facts, the officer’s conduct, dash cam or body cam footage, your driving pattern, and how the traffic stop unfolded. I look for technical issues, such as improper stop procedures or lack of proof that lights and sirens were activated. If there’s no reckless driving or intent to flee, we may be able to get the felony reduced to a misdemeanor—or dismissed entirely.

How does hiring a Florida Felony Drunk Driving Defense Lawyer help in these cases?
Having a private defense attorney gives you a strategic edge. I don’t just wait for the court date—I begin working immediately to secure evidence, contact witnesses, subpoena video, and build your defense. You need someone who understands how the statute works, how prosecutors think, and how to challenge every weak link in the case.

Can I lose my license for fleeing and eluding in Florida?
Yes, a conviction results in mandatory driver’s license revocation. For many people, this affects their employment and ability to care for their family. I always push for resolutions that avoid mandatory license loss, when possible, or fight to reduce the felony charge so that you preserve your driving privileges.

Call a Florida Felony Drunk Driving Defense Lawyer Now

If you're facing a fleeing and eluding charge, time is working against you. This charge can ruin your record, cost you your license, and lead to a prison sentence. You need someone who knows how to challenge the officer’s report, the State’s evidence, and every assumption made about your intent.

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 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.