Any driving under the influence (DUI) charge is serious, but a felony DUI conviction in Florida can result in prison and other severe penalties. While most DUI arrests result in misdemeanor charges, some circumstances will elevate a DUI to a felony. When your freedom, driving privileges, and finances are at stake, you may need a Key West felony DUI lawyer to investigate your case, craft an aggressive defense, and negotiate skillfully with the prosecutor in your case. At Keys Criminal Defense, PLLC, our dedicated DUI defense attorneys understand the challenges felony defendants face and know how to meet them. Reach out to us today to begin fighting for your rights and freedom.

Understanding DUI Law

Most DUI offenses are misdemeanors punishable by jail, fines, and other associated penalties under Florida Statutes § 316.193. To prove DUI under state law, prosecutors must prove the following elements beyond a reasonable doubt:

  • That you had physical control of a motor vehicle
  • That, while in control of the vehicle, you had a blood-alcohol content of 0.08 grams or more of alcohol
  • That alcohol, a chemical substance, or a controlled substance, impaired your driving

In all DUI arrests, police officers must have had probable cause to make the traffic stop and arrest you for impaired driving. They must base an arrest for DUI on their observations of your intoxication, along with supporting facts, such as results from a portable breath test. A knowledgeable felony DUI defense attorney from our Key West team may use all evidence, including bodycam and surveillance footage, laboratory reports and testing methodology, and witness statements to hold the prosecution to their burden of proof.

When Is a DUI a Felony?

DUIs in Florida are typically charged as misdemeanors. In some situations, a DUI may be a felony in circumstances when certain facts apply.

Third DUI Within 10 Years

If you had two prior DUI convictions within the last 10 years, you could face a charge of third-degree felony under state law.

Fourth or Subsequent DUI

A fourth or higher DUI offense invites a third-degree felony, regardless of the time passed since your prior convictions. Prosecutors are more likely to pursue maximum penalties if you have three or more prior DUI convictions.

DUI With Serious Bodily Injury

Even as a first-time offender, you may face felony charges if you caused serious bodily harm to another person while driving intoxicated. Penalties for this offense include potential jail time, fines, and a three-year driver’s license revocation.

DUI Manslaughter

You could face the most serious DUI charges if you caused the death of another driver, passenger, or pedestrian while driving intoxicated. State law could treat DUI manslaughter as a second- or first-degree felony. In these cases, our skilled defense attorneys could challenge whether alcohol or other substances impaired your driving at the time of the crash, or whether your actions truly caused the death of another.

An experienced Key West felony DUI attorney from our firm could investigate your case, determine whether felony charges were appropriate, and negotiate felony charges down to misdemeanors when possible.

Contact a Key West DUI Attorney Today

A felony DUI arrest can lead to serious consequences, including jail, fines, and revocation of your driver’s license. A felony conviction can also lead to the loss of important civil rights under state law. If you are facing such a charge, contact a skilled Key West felony DUI lawyer at Keys Criminal Defense, PLLC, to fight for your legal rights and pursue a favorable resolution to your case.

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