Miami, FL Felony DUI Defense Attorney

Lawyer Assisting With Aggravated DUI Charges in Miami, Florida

In Florida, a DUI arrest will often result in misdemeanor charges, especially if a person has no prior record and no one was harmed. However, there are certain situations where a DUI offense may be charged as a felony. These cases can result in long-term consequences that can affect a person's freedom, reputation, and future. These charges are often the result of aggravating circumstances, repeat offenses, or incidents involving serious injuries or death.

A felony DUI conviction can lead to years in prison, high fines, the long-term revocation of a person's driver's license, and the loss of important civil rights. Prosecutors and judges take these cases seriously, especially when public safety has been affected or when a person may be seen as a habitual offender. In cases involving felony charges, securing legal representation at the earliest stage is critical for mounting a strong defense.

At Stroleny Law: Criminal Defense Attorney, we can help people who have been charged with intoxicated driving offenses by investigating the facts of a case, challenging the evidence, and evaluating options to reduce or dismiss charges when possible. Our lawyer will provide experienced legal guidance and representation while working to protect the rights of a defendant and minimize the consequences they may face.

When DUI May Be Charged as a Felony in Florida

A person may face felony DUI charges in Miami under the following circumstances:

• They are being charged with a third DUI offense within 10 years of a previous conviction
• They are being charged with a fourth or subsequent DUI, regardless of how much time has passed between offenses
• They are accused of causing someone to suffer a serious bodily injury while driving under the influence
• They are accused of DUI manslaughter, meaning another person died as a result of the alleged drunk driving

Felony Charges for Repeat DUI Offenses

Florida law imposes increasingly harsh penalties for multiple DUI convictions. If a person is charged with DUI for the third time within 10 years, the offense will be classified as a third-degree felony, with penalties that may include a sentence of up to five years in a state prison and a minimum of 30 days in jail, a maximum fine of $5,000, driver's license revocation for a minimum of 10 years, and the mandatory use of an ignition interlock device for at least two years after regaining their driving privileges.

If a person is charged with a fourth or subsequent DUI offense, it will automatically be treated as a third-degree felony, even if the prior convictions took place more than 10 years ago. In addition to the penalties that may apply for a felony conviction, a person may also face a lifetime revocation of their driving privileges.

DUI Involving Injuries

In general, a DUI offense that allegedly resulted in property damage or minor injuries may be classified as a first-degree misdemeanor. However, when a person is accused of driving while intoxicated and causing a "serious bodily injury" to another person, the charge may be elevated to a third-degree felony. An injury may be serious enough to result in felony charges if it put someone at risk of death, led to disfigurement, or damaged a person's internal organs or other body parts.

These cases may involve collisions where a passenger, pedestrian, or the occupant of another vehicle suffered significant harm. Prosecutors may be less willing to negotiate in such cases, and evidence such as toxicology reports, crash reconstructions, and medical records can play a significant role in determining the charges that may apply. In addition to the penalties that may apply if a person is convicted of a third-degree felony, they may also be required to pay restitution to the victim.

DUI Manslaughter Charges

If a person is accused of causing someone's death while driving under the influence, they may be charged with DUI manslaughter. This offense is typically charged as a second-degree felony, and it can lead to serious penalties, including a prison sentence that may last for up to 15 years with a mandatory minimum sentence of four years and fines as high as $10,000.

DUI manslaughter charges may be based on situations such as a high-speed collision, a vehicle that struck and killed a pedestrian, or a multi-vehicle crash. If prosecutors allege that the defendant fled the scene after the crash, the charge may be elevated to a first-degree felony, which could lead to a sentence of up to 30 years in prison.

Why Legal Representation Is Crucial in Felony DUI Cases

The consequences of a felony DUI conviction can be life-changing. In addition to lengthy incarceration and steep fines, a person may lose their driver's license for several years or even permanently. A felony conviction may also limit a person's future employment opportunities, affect child custody arrangements, restrict their ability to travel, and result in the loss of civil rights such as voting or firearm ownership.

Our attorney can provide experienced legal representation for people who are facing felony DUI charges. He can take critical steps to protect a person's rights, including:

• Evaluating the legality of a traffic stop and arrest
• Reviewing whether field sobriety tests were administered properly
• Challenging the accuracy of breath or blood test results
• Identifying constitutional violations that could result in the suppression of evidence
• Negotiating with prosecutors to reduce felony charges to misdemeanors when appropriate
• Advocating for alternatives to incarceration, such as treatment programs or probation

In cases involving serious injuries or death, our lawyer can work with accident reconstruction experts, toxicologists, and medical professionals to challenge the prosecution's evidence and develop a comprehensive defense strategy. He will provide the representation needed to reduce the charges a person may face and limit the consequences that could affect their life and future.

Contact Our Miami Felony DUI Defense Lawyer

Because of the serious nature of felony DUI charges, it is important to secure legal representation from a lawyer who can respond quickly and decisively to charges and build a strong defense. At Stroleny Law: Criminal Defense Attorney, we will help you understand your legal options, and we will fight to ensure that you will be able to achieve the best possible outcome to your DUI case. Contact our Miami, FL felony DUI attorney at 305-615-1285 and arrange a free consultation today.