Felony DUI

Orlando Felony DUI Lawyer

Felony DUI in Florida

Felony DUI is a serious charge. In Florida, driving under the influence of alcohol or drugs (DUI) may be charged as a felony in certain situations, such as when bodily injury or death occurs. Multiple DUIs can also lead to felony charges.

If you or someone you love is facing felony DUI charges in Florida, reach out to our team at Ali & Blankner immediately. You or your loved one could be sentenced to years in prison and required to pay thousands of dollars in fines. A felony DUI will also result in the automatic suspension of your driver’s license, often for several months to years.

Our approach at Ali & Blankner involves reviewing all aspects of the arrest, including the conduct of law enforcement, the evidence gathered, and adherence to DUI laws. This scrutiny can sometimes identify errors that can be used to reduce or dismiss charges. Early intervention can increase the likelihood of negotiating favorable terms before charges are formally pursued.

When Is a DUI Charged as a Felony in Florida?

While most first-time DUIs are charged as misdemeanors, certain factors may elevate charges to a felony.

There are four main instances in which DUIs are charged as felonies in Florida:

DUI Involving Serious Injury: If someone causes an accident while operating a motor vehicle under the influence of alcohol or drugs that results in serious bodily injury to another, they will be charged with felony DUI.
DUI Vehicular Manslaughter: DUI vehicular manslaughter, also known as vehicular homicide, occurs when an individual causes the death of another while operating a motor vehicle under the influence of alcohol or drugs.
Third DUI in 10 Years: If an individual is arrested for a third DUI and it has been 10 years or less since a prior conviction, they will be charged with felony DUI.
Fourth or Subsequent DUI: A fourth or subsequent DUI will be charged as a felony DUI in Florida, no matter how much time has passed since a prior conviction.

Understanding the gravity of a felony DUI charge is crucial, highlighting how different it is from a misdemeanor. Felony DUIs can result in longer prison sentences and higher fines, often leading to significant alterations in life circumstances, including potential loss of employment and strain on personal relationships.

Felony DUIs Involving Bodily Injury & Death

When a person operates a car, truck, or motorcycle while under the influence of drugs or alcohol, the chances of causing an accident increase dramatically. In the state of Florida, a drunk or intoxicated driver who causes personal injury faces a first-degree misdemeanor charge at a minimum. When a driver causes serious bodily injury to another, however, the charge becomes a felony.

A driver who causes serious or fatal injury will face harsh legal penalties. In addition to DUI penalties, they will be liable for any property damage, personal injury, and, in the case of the death of another, vehicular manslaughter. After being charged with drunk driving and causing serious personal or fatal injury to another, it is critical to consult an experienced attorney who can examine the circumstances and build a strong defense on your behalf.

Instances of DUIs resulting in bodily harm or death often involve both emotional and legal complexities. This can involve victim impact statements during sentencing, further elevating the defendant’s need for empathetic and effective legal representation. Our firm prioritizes comprehensive review and strategic defense planning to tackle these multifaceted issues directly.

The Importance of Legal Representation in Felony DUI Cases

Many individuals underestimate the complexities involved in defending felony DUI charges. Engaging a qualified attorney can be crucial for several reasons. Firstly, understanding local DUI laws and how they are applied in Orlando generally requires professional insight. An adept lawyer can scrutinize the evidence presented, including any breathalyzer or field sobriety test results, to identify potential inaccuracies or procedural errors.

Furthermore, legal representation will afford you strategic advice on whether to negotiate a plea or proceed to trial, a decision that could heavily influence the outcome of your case. Qualified attorneys from Ali & Blankner are proficient in building solid defenses, often utilizing expert witnesses and advanced forensic resources to challenge the prosecution's narrative. This can determine whether charges are reduced or dismissed, especially when minor details can significantly impact the results.

Call (407) 753-1312 or fill out a free online case evaluation form to get started.

What Are the Penalties for Felony DUI?

When you are allegedly responsible for an accident due to driving under the influence of drugs or alcohol, you potentially face multiple felony and misdemeanor charges. The penalties for these charges depend on the factors involved.

Below is a high-level overview of potential felony DUI penalties in Florida:

DUI with Personal Injury: When a drunk driving accident causes serious bodily injury to another, an offender can be punished with up to 5 years in prison and a fine of up to $5,000.
Vehicular Homicide: When a crash causes a fatal injury as a result of a driver being intoxicated, an offender may be charged with vehicular homicide or manslaughter. This is a second-degree felony and may result in a prison sentence of up to 15 years and a fine of up to $10,000. In some cases, there may be a four-year minimum mandatory prison sentence.
DUI and Drugs: Like driving under the influence of alcohol, this action can result in a felony charge when serious bodily injury or fatal injury results from an accident. When this charge is proven, a driver will face the same penalties.
Multiple DUI: A multiple DUI allegation can result in a felony charge on the third offense within 10 years, or fourth or subsequent DUI convictions at any time, and when severe bodily injury or death results from an accident.

In addition to prison time and thousands of dollars in fines, your driver’s license will also be revoked as soon as you are arrested for DUI. You only have 10 days to request a hearing to reinstate your license.

The consequences of a felony DUI conviction can also extend beyond legal penalties, affecting personal and professional aspects of life. A felony record can create barriers to employment opportunities, housing, and educational prospects. Potential employers and landlords often conduct background checks, which disclose felony convictions, influencing their decision-making processes.

Furthermore, insurance rates are likely to rise significantly following a felony DUI, reflecting the increased risk insurers perceive in continuing coverage. This financial burden can substantially affect a convict’s economic situation, making it essential to seek informed legal assistance promptly. At Ali & Blankner, we are committed to helping clients navigate these challenging dynamics.

Tips for Avoiding Felony DUI Charges

Being informed about preventive measures can sometimes be the key to avoiding felony DUI charges. Whether you're a visitor or a resident in Orlando, understanding local laws and regulations is crucial. One effective strategy is to use ride-sharing services or designated driver programs, especially if you know you will be consuming alcohol. This not only ensures your safety but also the safety of others on the road.

Understanding your limits and the influence alcohol or drugs may have is essential. Florida's legal blood alcohol concentration (BAC) limit is 0.08%; familiarizing yourself with this can help in making informed decisions. Regularly reviewing state laws as they pertain to DUI is advisable as they can change with new legislation. Finally, educating young drivers about the seriousness of DUI charges through community programs can significantly reduce the incidence of such charges.

Call us at (407) 753-1312 or contact us online to schedule an appointment with our team.

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Why You Want Ali & Blankner In Your Corner

Fighters & Advocates in the Courtroom

The criminal lawyers in Orlando at Ali & Blankner are aggressive advocates who are willing to do whatever it takes to obtain a favorable resolution. We are committed to defending your rights and protecting your future.
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All of our Orlando criminal attorneys are former prosecutors and understand how the other side thinks. When you work with our team, you get a group of individuals who knows how to prepare and fight a winning case.

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Our criminal defense team in Orlando understands the ins and out of the legal industry, and we have the infrastructure and resources to handle any case that comes our way. We focus on your case specifically to ensure we get the best result for you.
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With over 35 years of experience and thousands of clients helped, Ali & Blankner has the skills, resources, and determination to get you the best possible result.

Get the DUI Defense You Need

At Ali & Blankner, our Orlando felony DUI attorneys have more than 85 years of combined legal experience and have handled well over 100,000 criminal cases throughout Florida. We are known for our aggressive approach and our ability to develop powerful, innovative defense strategies customized to the unique circumstances of each individual case. As your legal team, we will be there to answer all of your questions and address any concerns you may have throughout the legal process.

Our attorneys take pride in offering a tailored approach to each DUI case, carefully considering the specifics unique to each situation. This individualized strategy is designed to offer optimal protection of our clients' futures. Our team continuously stays abreast of the latest legal trends and precedents in DUI law to ensure that clients benefit from cutting-edge defenses.

Not only is it possible to fight back against felony DUI charges, but it is also your right. We urge you to contact our Orlando felony DUI attorneys as soon as possible to learn how we can help you protect your future. We offer free and confidential consultations, as well as payment plans and Spanish-language services.

Our commitment extends to offering support materials and resources to help clients understand their legal situations better. We ensure that language barriers are not a hindrance, providing consultations and communications in both English and Spanish.

Frequently Asked Questions About Felony DUI in Orlando

What Should I Do Immediately After a DUI Arrest?

After a DUI arrest, it's crucial to remain calm and respectful to law enforcement officers. Do not admit guilt or make statements without legal counsel present. Promptly contact a DUI defense attorney experienced in Orlando's legal system. Your lawyer will guide you through the complexities of the judicial process, help you preserve evidence, and ensure all your rights are upheld. Additionally, document your account of events when possible, as these details might be essential later.

How Does a Felony DUI Differ from a Misdemeanor DUI?

The key difference lies in the severity of the penalties and the circumstances leading to the charge. A felony DUI often involves instances where serious injury or death has occurred, or multiple prior DUI offenses exist. In Florida, felony DUIs result in more stringent repercussions, including longer incarceration periods and higher fines, significantly impacting one's social and professional life.

What Are My Options If I Am Facing a Felony DUI?

Navigating a felony DUI charge begins with consulting a skilled attorney who will evaluate your case details. Options may include negotiating plea agreements to reduce charges, challenging evidence validity, or pursuing alternative sentencing programs. Each case is unique, thus requiring a personalized approach structured around the facts and legal strategy.

How Long Does a Felony DUI Stay on My Record?

In Florida, a felony DUI conviction can remain on your criminal record permanently, affecting future employment and housing opportunities. However, some avenues might allow for expungement or sealing, conditional on the nature of the offense and completion of probation or other court-mandated requirements. Legal advice tailored to your circumstances is invaluable in these cases.

Why Choose an Orlando-Based DUI Attorney?

An Orlando-based DUI attorney brings localized insights and an understanding of Florida's specific DUI laws and judicial processes. Local attorneys often have established relationships with local courts and can use this familiarity to your advantage, expediting case processes or negotiating favorable outcomes. They are more attuned to the nuances of regional law, which can be critical in constructing a strong defense strategy.

Do not wait! Reach out to our firm today to set up a completely free and confidential case evaluation with a member of our team. Hablamos español.

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Ali & Blankner represented a client charged with disorderly conduct.

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