Felony DUI Attorney in West Palm Beach, FL Fighting for Your Rights in High-Stakes Cases in Palm Beach County, Broward County, Martin County, and Throughout South Florida
When you get arrested for felony DUI, don’t wait to talk to a felony DUI attorney in West Palm Beach, FL, about your options. Attorney Brandon Dinetz has extensive experience with the Florida criminal justice system, including as a former prosecutor. Today, he uses his knowledge and insights to advocate on behalf of clients facing felony DUI charges in South Florida, never backing down even when that means fighting for clients’ interests at trial. Contact BD Law as soon as possible to learn how a DUI defense lawyer can help you seek a fair resolution to your charges.
Understanding Felony DUI Charges
Under Florida law, a person commits a DUI when they drive or exercise actual physical control of a vehicle while under the influence of alcohol or drugs or having a blood alcohol level of 0.08 or more (0.04 or more for commercial drivers operating a commercial vehicle). Although a DUI normally constitutes a misdemeanor offense in Florida with penalties that may include fines and jail time, DUI can become a felony offense under various aggravating circumstances, such as:
- A third DUI conviction within ten years of a previous DUI conviction
- A fourth or subsequent DUI conviction
- Causing an accident that severely injures or kills another person
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Penalties for Felony DUI Under Florida Law
Penalties for a felony DUI will depend on the circumstances that elevated the offense to a felony. For example, a third DUI conviction within ten years of a prior DUI carries penalties that include:
- Fines of $2,000 to $5,000 (minimum $4,000 fine when driving with a minor passenger or a BAC of 0.15 or more)
- Up to five years’ incarceration, with a mandatory minimum sentence of 30 days (at least 48 hours of which must be served consecutively)
- 90-day vehicle impoundment
- Minimum 10-year driver’s license revocation (with drivers becoming eligible for hardship reinstatement after two years)
Penalties for a fourth or subsequent DUI conviction include:
- Minimum $2,000 fine
- Up to five years’ imprisonment
- Mandatory permanent driver’s license revocation, with drivers becoming eligible for hardship reinstatement after five years following release from incarceration
Causing a crash that results in severe injury while driving under the influence constitutes a third-degree felony that carries penalties of up to five years in prison and/or a fine of up to $5,000.
Finally, DUI manslaughter/vehicular homicide constitutes a second-degree felony in Florida with penalties that include up to 15 years in prison and/or a fine of up to $10,000; fleeing the scene of a fatal DUI accident increases the offense to a first-degree felony, which can lead to a longer prison sentence of up to 30 years.
Defense Strategies in Felony DUI Cases
After getting charged with felony DUI, you may have defenses you can pursue to fight your charges or reduce the severity of the consequences of an arrest or conviction. Common defense strategies used in felony DUI cases include:
- Challenging the legality of the traffic stop by arguing that police lacked reasonable suspicion/probable cause
- Challenging the sufficiency of the state’s evidence proving that you drove or exercised actual physical control of a vehicle while under the influence of alcohol or drugs
- Challenging the reliability of field sobriety testing by highlighting environmental/medical factors that affected your performance
- Challenging the reliability of chemical test results due to the police’s failure to follow testing protocols or issues with the calibration of testing equipment
How Can a Felony DUI Attorney Help?
A felony DUI conviction can have long-lasting consequences, including a prison sentence and the stigma of a criminal record. Let a felony DUI defense attorney from BD Law fight to protect your rights, reputation, and future by:
- Investigating your charges to obtain the evidence needed to build an effective defense
- Identifying case strategies that can help you pursue a favorable resolution to your charges
- Challenging the admissibility of the state’s evidence against you or filing motions to dismiss your charges, as appropriate
- Vigorously advocating in your defense, including at trial if you choose to fight your charges
Contact a Seasoned West Palm Beach Felony DUI Lawyer Today
A felony DUI conviction can have devastating consequences, including prison time, substantial fines, and the long-term or permanent loss of driving privileges. You need experienced legal counsel to protect your rights and interests when charged with a felony DUI. Contact BD Law today for a confidential consultation with a felony DUI attorney in West Palm Beach, FL, to discuss your options for pursuing a favorable resolution to your charges.