Understanding Felony DUI Charges, License Suspension, and How an Aggressive Defense Can Protect Your Future

Facing a felony DUI charge in Florida is one of the most serious situations you can encounter behind the wheel. Your freedom, your record, and your driving privileges are all on the line. As a Florida criminal defense attorney who has handled countless DUI cases across the state, I can tell you this: felony DUI charges trigger some of the toughest penalties under Florida law, including long-term or permanent driver’s license revocation.

If you are facing these charges, you need a private defense attorney who has the time, resources, and determination to fight for your license and your future. In this article, I will explain how Florida law handles felony DUI cases, what statutes apply, what defenses we can raise, and why having a dedicated private lawyer can make all the difference.

What Makes a DUI a Felony in Florida?

Most DUI arrests in Florida are misdemeanors, but certain aggravating factors will elevate the charge to a felony. Under Florida Statute § 316.193, a DUI can become a felony in situations such as:

  • Third DUI within 10 years of a prior conviction
  • Fourth or subsequent DUI, regardless of the timeframe
  • DUI involving serious bodily injury to another person
  • DUI manslaughter, which involves causing a death while driving under the influence

Here is the relevant statute language from § 316.193(2)(b):

“Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree… Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior convictions occurred, commits a felony of the third degree.”

Felony DUI charges are prosecuted aggressively in Florida courts. Unlike a first or second DUI, which may involve temporary license suspensions, a felony DUI conviction can lead to revocation of your driver’s license for years or even life. This is where immediate representation from a private DUI defense attorney is critical.

How Felony DUI Affects Your License

Under Florida Statute § 322.28, felony DUI convictions come with mandatory license revocations. The statute provides:

  • Third DUI within 10 years: Minimum 10-year revocation, possible hardship reinstatement after 2 years.
  • Fourth or subsequent DUI: Permanent revocation, possible hardship reinstatement after 5 years if certain conditions are met.
  • DUI manslaughter: Permanent revocation, hardship reinstatement possible after 5 years.
  • DUI with serious bodily injury: Minimum 3-year revocation.

Statute Text – Florida Statute § 322.28(2)(d):

“Upon conviction of a fourth or subsequent violation of s. 316.193, the department shall permanently revoke the driver license or driving privilege of the person convicted. Such person may not be eligible for a hardship license for a period of 5 years from the date of revocation.”

Losing your license can devastate your ability to work, care for your family, and maintain your independence. Once the Florida Department of Highway Safety and Motor Vehicles (DHSMV) imposes this revocation, it is extremely difficult to undo without an effective legal defense before or during trial. A private attorney can intervene early to protect your license or pursue a hardship reinstatement if possible.

Administrative License Suspension Before Conviction

Many people are shocked to learn that their license can be suspended immediately upon arrest, even before any conviction. Under Florida Statute § 322.2615, the DHSMV can suspend your license if you either:

  • Refuse a breath, blood, or urine test, or
  • Have a BAC of 0.08% or higher at the time of arrest.

This administrative suspension is separate from any court-ordered revocation if you are later convicted. The statute says:

“The department shall suspend the license of a person arrested for a violation of s. 316.193 when the person has an unlawful blood-alcohol level or who refuses to submit to a lawful test… for a period of 1 year for a first refusal, or 18 months for a second or subsequent refusal.”

You only have 10 days after your arrest to request a formal review hearing to challenge this suspension. Without immediate action from a private defense lawyer, you may lose your ability to drive long before your criminal case is resolved.

Real Case Example: Third DUI, Felony Charge, License Saved

A client came to me facing a third DUI charge within 8 years, making it a third-degree felony under Florida law. The arrest occurred after an accident where another driver claimed injuries. The client was looking at a minimum 10-year license revocation, heavy fines, and possible prison time.

After reviewing the evidence, I found serious issues with the traffic stop and the way the breath test was administered. The arresting officer failed to follow required procedures under Florida Administrative Code 11D-8, making the BAC results unreliable. We also gathered medical records showing the alleged injuries were not caused by the accident.

Through aggressive motions to suppress the breath test and negotiations with the prosecution, we secured a reduction of the charge to a misdemeanor DUI. My client kept his license with a restricted hardship permit and avoided prison. Without immediate private representation, this person would likely have lost his license for a decade.

Defenses Against Felony DUI Charges

Every case is unique, but there are proven strategies we can use to challenge a felony DUI charge and protect your license:

Challenging the Traffic Stop

If law enforcement lacked reasonable suspicion or probable cause for the stop, the entire case can be thrown out, preventing any license revocation.

Contesting Chemical Test Results

Breath, blood, or urine test results can be inaccurate due to faulty equipment, improper calibration, or mishandling of samples. Suppressing this evidence can weaken the prosecution’s case.

Questioning the Prior Convictions

For felony DUI charges based on prior offenses, we review the record to ensure earlier convictions were valid. If a prior plea was defective or improperly counted, the felony enhancement may not apply.

Proving Lack of Impairment

Video evidence, witness testimony, and expert analysis can show that you were not impaired despite what officers claim. If the state cannot prove impairment beyond a reasonable doubt, your license and your freedom can be saved.

A public defender often cannot dedicate the time or resources to investigate every angle. A private attorney can challenge every detail, hire toxicology experts, and file motions aggressively, which can mean the difference between keeping your license and losing it for years.

Why You Need a Private DUI Defense Attorney Immediately

Felony DUI cases move fast. Between administrative hearings, court appearances, and aggressive prosecutors, you need someone who can act immediately. A private attorney can:

  • Demand a DHSMV hearing within 10 days to stop an automatic suspension
  • Challenge the legality of your arrest and the accuracy of test results
  • Negotiate for reduced charges to avoid a felony conviction and lifetime revocation
  • Prepare for trial and fight for your rights if the case proceeds

The stakes are too high to risk your future on overworked court-appointed counsel or by waiting too long to act. As your lawyer, my job is to protect your license, your record, and your freedom from the first day of representation.

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.

Felony DUI License Revocation Frequently Asked Questions (FAQs)

How long will my license be revoked for a felony DUI conviction in Florida?

For a third DUI within 10 years, your license will be revoked for at least 10 years, though you may apply for a hardship license after 2 years. A fourth DUI or DUI manslaughter leads to permanent revocation, with possible hardship reinstatement after 5 years. Serious bodily injury DUIs result in a minimum 3-year revocation. These revocations are outlined in Florida Statute § 322.28.

Can I still drive while my felony DUI case is pending?

Possibly. If you request a formal DHSMV hearing within 10 days of arrest, you may receive a temporary permit while your case is reviewed. Without this, you may face an immediate administrative suspension before your trial begins. A private lawyer can request and handle this hearing to protect your driving privilege.

Will I automatically lose my license if I refuse a breath test in a felony DUI stop?

Refusing a lawful breath, blood, or urine test results in a 1-year suspension for a first refusal and 18 months for a second or subsequent refusal under Florida Statute § 322.2615. This is separate from any suspension after a conviction. A skilled attorney can challenge whether the refusal was truly unlawful or if the officer followed proper procedures.

Is there any way to get my license back after a permanent revocation?

Yes, in limited circumstances. After 5 years on a permanent revocation, you may apply for hardship reinstatement. You must show completion of DUI programs, no new offenses, and proof of sobriety. A lawyer can guide you through this process and improve your chances of reinstatement.

What if my prior DUI convictions were in another state?

Florida law allows out-of-state convictions to count toward felony DUI enhancements. However, the prior convictions must meet certain legal requirements. A private attorney can review whether the out-of-state conviction was valid and whether it should be used to enhance your Florida charge.

Will a felony DUI conviction affect my ability to get car insurance?

Yes. A felony DUI can lead to dramatically increased premiums or cancellation of your policy. In some cases, you may have to obtain an FR-44 insurance certificate, which is expensive. Avoiding a felony conviction helps limit these long-term financial consequences.

What’s the difference between felony DUI and aggravated DUI in Florida?

Aggravated DUI refers to enhanced penalties due to high BAC levels or other factors, but it may still be a misdemeanor. A felony DUI involves repeat offenses, serious injury, or death and carries harsher penalties including long-term license revocation and potential prison time.

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.