Felony DUI Attorney in Orlando

Legal Representation For Clients Facing DUI Convictions

Being charged with a DUI is a serious matter. However, if you or a family member has been arrested and charged with felony DUI, you risk being sentenced to a lengthy period of time in a Florida state prison. Many defendants mistakenly believe that felony DUI charges are for those who have multiple previous convictions. However, individuals can be charged with a felony DUI for several reasons, the most common being that they caused an accident that resulted in severe bodily injury or death.

If you’ve been arrested and charged with a felony DUI in Orlando, it’s critical to work with an experienced Orlando felony DUI attorney. A knowledgeable DUI defense lawyer can help protect your rights, negotiate with prosecutors to seek reduced charges, and work to avoid harsh penalties, including potential prison time. The Defense Group of Orlando, FL, is here to help you navigate your DUI case.

Schedule a free case evaluation to discuss what legal strategies are appropriate for your needs.

Felony DUI Cases in Florida

While a standard drunk driving charge in Florida usually counts as a misdemeanor, prosecutors elevate cases to felony status under specific statutory conditions. Drivers face severe criminal charges when they accrue three or more convictions, cause serious bodily injury, or involve fatal crashes. Courts throughout Orange County enforce these strict enhancements to punish repeat DUI offenders and deter dangerous driving behavior on state roadways.

Unlike basic offenses triggered solely by exceeding the 0.08 blood alcohol concentration threshold, felony convictions carry life-altering consequences within the criminal justice system. State prosecutors push for harsh DUI penalties, including mandatory state prison sentences, thousands in fines, and permanent revocation of your driver’s license. Furthermore, state law severely restricts your ability to secure a hardship license, making early intervention by an experienced defense team crucial to fighting these complex allegations.

When Can a DUI Be Charged as a Felony?

There are several situations in which a DUI may be charged as a felony under Florida law. Some of the most common situations include:

Third DUI Within 10 Years

Individuals arrested for driving under the influence within 10 years of a previous conviction may be charged with felony DUI. A defendant could be sentenced to up to 5 years in prison if convicted.

Fourth DUI Offense

Individuals convicted of a fourth DUI may be charged with a third-degree felony. Unlike a third offense, Florida law does not consider the time between convictions. A fourth DUI conviction can result in the defendant being sentenced to up to 5 years in prison.

DUI Involving Serious Bodily Injury

Suppose the defendant drove while under the influence and caused another person to suffer serious bodily injury. In that case, they may also be charged with a third-degree felony punishable by up to 5 years in prison.

What is DUI Manslaughter?

Florida law has strict provisions that deal with individuals accused of DUI manslaughter. DUI manslaughter is considered a second-degree felony. Defendants convicted of the crime of DUI manslaughter may be sentenced to up to 15 years in a Florida state prison and be ordered to pay a fine of $10,000.

The legal criteria needed to charge a defendant with DUI manslaughter include:

• Operating or having control over the motor vehicle.
• The defendant was under the influence of an alcoholic beverage or controlled substance that rendered them impaired.
• The defendant had a breath or blood alcohol level of 0.08 or higher.
• The defendant directly or indirectly caused the death of another person or an unborn child.

If the defendant left the scene of the DUI accident without rendering aid or informing authorities, they may be charged with a first-degree felony. Individuals convicted of a first-degree felony may be sentenced to up to 30 years in prison and up to $10,000 in fines.

DUI Manslaughter vs. Vehicular Homicide in Florida

While both charges carry severe felony penalties, Florida law distinguishes DUI Manslaughter and Vehicular Homicide based on driver conduct. Prosecutors file DUI Manslaughter charges when an impaired driver causes a fatal crash, regardless of how carefully they drove before the incident. Conversely, Vehicular Homicide requires proof of reckless driving without needing to prove intoxication. A knowledgeable DUI defense attorney can scrutinize every detail following a DUI arrest to build a strong defense.

If you have been charged with DUI manslaughter, you must hire a highly experienced attorney who will fight to protect your freedom. Contact The Defense Group at our Orlando law offices immediately to schedule a free case evaluation. Time is of the essence in DUI manslaughter cases, as evidence may disappear or witnesses’ memories fade. Call us at 407-759-6844.

Can a Felony DUI Be Reduced to a Misdemeanor in Florida?

A felony DUI conviction in Florida comes with severe consequences that include being ordered to pay steep fines and a lengthy prison sentence. As a result, many felony DUI defendants are curious as to whether it is possible to have their charges reduced to misdemeanors that have significantly fewer penalties.

In some circumstances, it may be possible to have a felony DUI charge reduced to a misdemeanor. However, there must be specific legal criteria that can be argued, such as faulty test readings, no probable cause to initiate a traffic stop, or the defendant was not legally under the influence of drugs or alcohol.

Many Florida prosecutors are zealous when it comes to pursuing felony DUI charges to show the public they are tough on drunk drivers. However, our well-trained felony DUI attorneys can thoroughly analyze the evidence to look for weaknesses in the state’s case. Our dedicated legal professionals can negotiate with the prosecution to lower your charges to a misdemeanor.

In other instances, depending on the circumstances involved in the case, our attorneys may even be able to ask for the charges to be dismissed. A qualified legal team member will gladly meet with you to review the evidence and work to create a comprehensive plan to fight the charges.

What Makes Your Felony DUI Lawyers the Best Choice to Handle My Criminal Case?

If you have been charged with a felony DUI, you cannot risk your life and freedom with an inexperienced criminal defense lawyer. Instead, you must hire an attorney who can provide you with aggressive legal representation.

The Defense Group is a criminal defense law firm dedicated to helping those charged with felony DUI fight their charges. Each of our attorneys has an average of 35 years of experience handling criminal defense cases, emphasizing DUI defense. Our lawyers are former prosecutors, which gives us a definitive advantage over other law firms as we understand how the state handles felony DUI cases.

Consult A Felony DUI Attorney In Orlando Today

When you come to us with your legal issues, we will work on innovative solutions to fight your charges. However, we will never encourage you to take a deal that does not consider your best interests.

We recognize that this is an overwhelming time in your life as you worry about the future. Contact The Defense Group of Orlando, FL, by calling our law offices at 407-759-6844 to schedule a free consultation to learn how we can help.