Understanding Florida’s Felony DUI Laws, Penalties, and How Private Legal Defense Can Protect You

When you are accused of driving under the influence (DUI) in Florida, the stakes are already high. A first-time DUI is usually a misdemeanor, but certain circumstances turn a DUI into a felony charge that can change your life forever. As a Florida criminal defense attorney, I have seen many people face felony DUI allegations without fully understanding what they were up against until it was almost too late. My goal here is to explain what Florida law considers a felony DUI, cite the relevant statutes, discuss defenses that may apply, and show why hiring a private attorney can make all the difference in the outcome of your case.

Understanding Florida DUI Laws and Felony DUI Triggers

Florida’s DUI laws are found under Florida Statute § 316.193. The law states:

Statute Text (Florida Statute § 316.193(1)):

“A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; or

(b) 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.”

While the above defines DUI in general, certain aggravating circumstances increase the severity to a felony. These include:

Third DUI Conviction Within 10 Years of a Prior Conviction - Under § 316.193(2)(b)1, a third DUI within 10 years is a third-degree felony. “Any person convicted of a third violation within 10 years after a prior conviction… commits a felony of the third degree.”

Fourth or Subsequent DUI Conviction - Under § 316.193(2)(b)3, a fourth DUI, regardless of when previous convictions occurred, is a third-degree felony.

DUI Causing Serious Bodily Injury - Under § 316.193(3)(c)2, if a DUI results in serious bodily injury to another person, the offense becomes a third-degree felony punishable by up to 5 years in prison.

DUI Manslaughter - Under § 316.193(3)(c)3, if a DUI crash results in death, the charge becomes DUI manslaughter, a second-degree felony punishable by up to 15 years in prison, or a first-degree felony if you leave the scene.

Florida law is harsh when it comes to repeat offenders or DUI cases involving injuries or fatalities. Prosecutors take these cases seriously, and the penalties can include years in state prison, permanent license revocation, thousands in fines, and a lifelong felony record. This is why having a private attorney who can dedicate time and resources to your defense is critical.

Real Case Example: Felony DUI Reduced to Reckless Driving

A client came to me after being charged with a third DUI within 10 years, making it a third-degree felony under Florida law. He had two prior DUIs, one nine years earlier and one six years earlier. In this latest case, he was pulled over for swerving, and his blood alcohol content was allegedly 0.10. The state intended to pursue prison time and a permanent felony conviction.

We immediately began our own investigation. We reviewed the dashcam footage and discovered that the officer’s initial stop was questionable, lacking clear probable cause. We also uncovered errors in the breath test procedure that called the results into question. After filing motions to suppress the traffic stop and challenging the breath test, the prosecution offered a plea to reckless driving with alcohol involvement, a misdemeanor, avoiding a felony conviction and prison time.

Without a private attorney willing to dedicate hours to scrutinizing every detail, this client would likely have faced a felony conviction that altered his life forever. This case illustrates the importance of immediate, aggressive defense strategies in Florida felony DUI cases.

Florida Felony DUI Penalties

Under Florida Statute § 775.082, a third-degree felony carries up to 5 years in prison. A second-degree felony, such as DUI manslaughter, carries up to 15 years, while a first-degree felony (DUI manslaughter with hit and run) carries up to 30 years.

Other consequences include:

  • Permanent revocation of your driver’s license for a fourth DUI or DUI manslaughter
  • Mandatory ignition interlock devices for multiple offenders
  • Fines ranging from $2,000 to $10,000
  • Probation, DUI school, and community service
  • Long-term impact on employment and professional licenses

A public defender may not have the time to fight every aspect of your case, but a private defense attorney can focus on challenging evidence, protecting your rights, and minimizing penalties.

Defenses to Felony DUI Charges

Defending a felony DUI requires a tailored approach based on the facts of your case. Some common defenses include:

Lack of Probable Cause for Stop or Arrest

Police must have a lawful reason to stop your vehicle. If they lacked probable cause or violated your rights during the stop, evidence can be suppressed, weakening the prosecution’s case.

Breath or Blood Test Errors

Breathalyzer machines can malfunction, be improperly calibrated, or administered incorrectly. Blood samples can be mishandled or contaminated. We often bring in independent experts to challenge these results.

Questionable Field Sobriety Tests

Officers rely on subjective observations during field sobriety tests. Medical conditions, weather, or uneven pavement can cause poor performance unrelated to impairment.

Causation in Injury or Death Cases

For felony DUI involving injury or death, prosecutors must prove that impairment caused the accident. If other factors were involved, such as the alleged victim’s negligence or unsafe road conditions, causation may be disputed.

Violation of Constitutional Rights

Illegal searches, improper interrogations, or failure to inform you of your rights can lead to suppression of evidence.

Each of these defenses requires time, resources, and experience to develop effectively. A private DUI defense lawyer has the ability to hire investigators, subpoena records, and build a strong case that can lead to reduced charges or dismissal.

Other Relevant Florida Statutes in Felony DUI Cases

In addition to § 316.193, other statutes often come into play:

  • Florida Statute § 322.28 – Governs license suspensions and revocations for repeat DUI offenders and DUI manslaughter convictions.
  • Florida Statute § 316.1936 – Open container violations, which can be used by prosecutors to support DUI allegations.
  • Florida Statute § 316.1939 – Making it a crime to refuse a breath, urine, or blood test after a previous DUI suspension.

Understanding how these statutes interact is vital in crafting a comprehensive defense strategy. Private attorneys can analyze every charge and related statute to identify weaknesses in the state’s case.

Why You Need a Private Attorney Immediately

Felony DUI charges are not cases you can afford to face without dedicated, experienced representation. The stakes include prison, a permanent felony record, loss of your license, and lifelong consequences for employment and personal freedoms. Prosecutors will build their case aggressively, and public defenders often carry overwhelming caseloads, limiting the time they can spend on individual cases.

A private attorney can:

  • Begin working on your case immediately, protecting you from making harmful statements
  • Investigate every detail of the stop, arrest, and testing procedures
  • Hire independent experts to review toxicology reports
  • Challenge prior convictions used to enhance charges
  • Negotiate aggressively for reduced charges or alternative sentencing

Early legal intervention can mean the difference between prison and freedom, between a felony record and a second chance.

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 Defense Frequently Asked Questions (FAQs)

What exactly makes a DUI a felony in Florida?

A DUI becomes a felony in Florida if it is your third conviction within 10 years, your fourth DUI regardless of timing, a DUI causing serious bodily injury, or a DUI manslaughter charge. These cases are prosecuted aggressively and carry prison time and long-term consequences.

Can a first DUI ever be charged as a felony in Florida?

Yes. If your first DUI results in serious bodily injury or death, you can face felony charges even without prior offenses. The severity depends on the harm caused and whether prosecutors can prove that your impairment directly caused the crash.

Will a felony DUI lead to permanent license revocation?

In many cases, yes. A fourth DUI or DUI manslaughter conviction typically results in permanent revocation under Florida Statute § 322.28. A private attorney can fight to preserve your driving privileges whenever possible.

Can prior out-of-state DUI convictions be used to make my Florida DUI a felony?

Yes. Florida law allows prior DUI convictions from other states to count toward the total number of offenses. We can review whether those out-of-state convictions were validly obtained and challenge their use in enhancing your current charges.

If I refused a breath test, can that help my felony DUI case?

Refusing a test may prevent immediate BAC evidence but can also lead to additional penalties, including enhanced license suspension and possible admission of refusal as evidence of impairment. A private lawyer can examine whether the refusal can be used against you and challenge its validity.

What is the maximum sentence for DUI manslaughter in Florida?

DUI manslaughter is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. If you leave the scene of a fatal crash while impaired, it becomes a first-degree felony punishable by up to 30 years in prison.

Can felony DUI charges be reduced to a misdemeanor?

Yes. Through skilled negotiation or successful pre-trial motions, felony DUI charges can sometimes be reduced to reckless driving or misdemeanor DUI. This often depends on the strength of the evidence and the effectiveness of your defense attorney.

Do felony DUI convictions stay on your record forever?

Yes. DUI convictions, including felonies, are not eligible for sealing or expungement in Florida. Avoiding a conviction through dismissal or reduced charges is the only way to keep your record clean.

Should I hire a lawyer even if the evidence seems overwhelming?

Absolutely. Many DUI cases initially seem unwinnable, but can be challenged successfully. Breath test results can be thrown out, traffic stops can be ruled unlawful, and plea deals can avoid prison time. Having a private attorney dramatically increases your chances of a favorable result.

How soon should I contact a DUI defense attorney after being arrested?

Immediately. Early intervention allows your lawyer to protect your rights, challenge evidence before it is locked in, and potentially avoid charges being filed or reduced before trial. Time is one of your greatest assets in a felony DUI case.

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.