Florida Felony DUI Charges

Representing Clients Facing Felony DUI Charges in Miami

Driving under the influence is a serious offense in Florida that may lead to felony DUI charges if you have a prior history of DUI or your case involves serious bodily injury or death. Not only does a felony DUI charge carry severe penalties, including prison time, fines and probation, the stigma of being a convicted felon can damage your reputation for years to come. When your freedom and good name are hanging in the balance, you need an experienced criminal defense attorney in your corner.

Valiente Law handles all types of DUI cases in Miami, Fort Lauderdale, West Palm Beach, and throughout the state of Florida, including felony DUI. We deftly navigate the complexities of felony DUI cases with well-conceived defense strategies. Our legal team will help you explore all of your options and work to achieve the best possible outcome.

Call Us At 305.764.5460 For A FREE Consultation! 

What is the difference between a misdemeanor DUI and a felony DUI?

In Florida, most DUI arrests are charged as misdemeanors. However, felony DUI charges apply to cases involving serious bodily injury or death and/or to individuals with a history of prior DUI convictions. In particular felony DUI may be charged under the following circumstances:

• A third DUI conviction for an offense occurring within 10 years after a prior DUI conviction
• A fourth or subsequent DUI conviction
• Causing serious bodily injury to another while driving under the influence
• Causing the death of another, including an unborn child, while driving intoxicated

Related Felony DUI Offenses

Under Florida Statutes §316.193(3), DUI manslaughter is ordinarily a second-degree felony carrying up to 15 years in prison and a $10,000 fine, with a four-year mandatory minimum prison term. It becomes a first-degree felony, ordinarily carrying up to 30 years and a $10,000 fine, if the driver knew or should have known a crash occurred and failed to give information and render aid as required by law. Current law also makes it a first-degree felony when the defendant has a qualifying prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide. The offense date, sentencing scoresheet, and any applicable enhancement must be reviewed.

DUI manslaughter requires proof that the defendant operated a vehicle while impaired or with an unlawful alcohol level and, by that operation, caused or contributed to a death. A death is not required for every felony DUI: qualifying repeat offenses and DUI causing serious bodily injury are separate grounds for felony charges. Vehicular homicide is a separate offense with its own elements.

Defenses to Felony DUI

If you have been charged with felony DUI in Florida, our experienced DUI attorneys know how to build a successful defense. One approach is to challenge the results of blood alcohol concentration (BAC) tests. Florida’s implied-consent laws authorize specified testing only when the statutory conditions are met; a stop based on suspicion alone does not authorize every chemical test. The arresting officer must follow specific procedures and be trained in administering the test. If the breathalyzer machine was not properly calibrated or maintained, the test was not properly administered, or a medical condition caused an erroneous result, the BAC test may be challenged.

A defense may challenge an unlawful traffic stop, testing procedures, or statements obtained through custodial interrogation without required Miranda warnings. Miranda warnings are not required for every traffic stop or arrest, and a violation does not automatically dismiss the case. The remedy depends on the particular evidence and legal violation.

Miami Felony DUI Defense Lawyer

If you have been charged with felony DUI, turn to the dedicated team at Valiente Law. We are keenly aware that a conviction for felony DUI can have serious consequences, including lengthy prison sentences, significant fines, and probation. Moreover, a felony conviction can follow you for the rest of your life, jeopardizing potential employment opportunities, making it more difficult to find a place to live, and damaging your standing in the community.

We will conduct a thorough investigation and analyze all of the state’s evidence against you, including the police report and results of any blood alcohol or field sobriety exercises. While we are dedicated to securing your freedom and protecting your driving privileges, we will always be honest with you about your options. Depending on the circumstances, it may be possible to arrange for a reduction of the charges. It is important to remember that every felony DUI case is different and the outcome of your case hinges on several factors.

In any event, we will work diligently to obtain the best possible outcome for you, whether that’s an acquittal, a dismissal, or a favorable plea. Above all, we will put your best interests first and provide you with a superior level of personal service. Our team is always available to respond to your questions and concerns and will keep you fully informed about the status of your felony DUI case. When your freedom and your reputation are on the line after a DUI arrest, Valiente Law will stand by you.

Call our office today at 305.764.5460 or complete the online contact form to set up a free consultation.

Featured Testimonial

Miami Felony DUI Defense Review

I feel like words will never be able to express the gratitude I hold for Mr. Valiente’s aid in my time of need. He believed in my innocence and fought to protect it, putting everything on the line to fully dismiss a case where complete and easy dismissal could be considered rare. Antonio and his team consistently put my worries at bay and ensured that the bright future I worked so hard to obtain would be unaffected by any unfortunate circumstances I came across. Antonio truly is the best in his field, and the trust we put in each other lead to the most positive and rightful outcome.

Daniela R.

Miami Felony DUI Attorney

5/5