Tampa Felony DUI Attorney

What Constitutes a Felony DUI?

In Florida, the offense of driving under the influence of alcohol, chemical substances, and/or drugs is covered under Section 316.193 of the Florida Statutes. This crime, commonly known as DUI, can be prosecuted as a misdemeanor or a felony depending on various factors, such as the person's history of DUI offenses and whether anyone was injured or killed. 

In most cases, felony DUI charges are reserved for repeat or aggravated offenses. In general, if you have been convicted of your second DUI, you will be at risk for a felony DUI charge for the next 10 years. If you receive your third conviction during this time, you may face third-degree felony charges, and a conviction would result in harsh penalties.

You can also be at risk for felony DUI under the following circumstances:

• A fourth conviction received at any time
• DUI manslaughter or child endangerment
• Fleeing from the scene of an accident
• DUI resulting in severe property damage
• An offense causing serious injury to another

If you are facing felony DUI charges, The Law Offices of Jeff Paulk can help. Our Tampa felony DUI defense attorney, Jeff Paulk, knows how to aggressively protect your rights. We are prepared to work tirelessly to help you avoid the harsh, life-altering consequences of a felony DUI conviction.

Call (813) 321-7323 now or contact us online to speak with a member of our legal team free and confidentially. 

The Basics of DUI

Driving under the influence of alcohol or drugs (DUI) is considered a criminal offense in all 50 states, including Florida. DUI laws are designed to discourage and penalize drivers who operate a motor vehicle while under the influence of alcohol or other controlled substances. 

A DUI conviction can have serious consequences, including fines, license suspension, and even imprisonment. The severity of the penalties may vary based on factors such as the driver's blood alcohol content (BAC), prior DUI convictions, and whether the DUI resulted in property damage or bodily injury.

What States Consider DUI a Felony?

There is no state that automatically categorizes all DUIs as felonies. Rather, it is classified as either a misdemeanor or a felony depending on the specific circumstances of the case. This matters, because felony DUI charges generally result in harsher penalties and long-lasting consequences, such as mandatory imprisonment, higher fines, and a permanent criminal record.

When Is DUI a Felony in Florida?

In Florida, you could be charged with felony DUI if: 

• You receive a third DUI within 10 years.
• You receive a fourth or subsequent DUI at any time in your life.
• You are involved in an accident that causes serious bodily injury or death.
• You are arrested for DUI with a minor passenger in the vehicle.
• You leave the scene of an accident involving DUI.

Penalties for a Florida Felony DUI

In general, a third DUI, a fourth or subsequent DUI, or a DUI causing serious injury is a third-degree felony and may result in:

• A fine of up to $5,000 
• Up to five years in prison
• Up to five years of probation
• Driver’s license revocation for a minimum of 10 years or permanent driver’s license revocation (for a fourth or subsequent DUI)
• Installation of an ignition interlock device (IID)
• Possible restitution to victims 

DUI manslaughter is typically charged as a second-degree felony and may result in:

• Fines of up to $10,000 
• Up to 15 years in prison (or 30 years if you fail to stay at the scene of the crash)
• Permanent driver’s license revocation 
• Restitution to victims 

Additionally, if convicted of DUI manslaughter, you could face a mandatory minimum prison sentence of four years. 

DUI Involving Death: DUI Manslaughter

According to the National Highway Traffic Safety Administration, approximately 34 people die each day in alcohol-related traffic accidents. This amounts to one death every 42 minutes, every single day. Because of this, states come down hard on drunk and drugged drivers who take other people’s lives. 

In Florida, DUI manslaughter, defined under § 316.193 of the Florida Statutes, is a second-degree felony, punishable by a fine not to exceed $10,000 and up to 15 years in prison. If someone leaves the scene of the accident, they face up to 30 years in prison. 

The consequences of a DUI manslaughter conviction are severe. If you’re facing felony DUI charges involving a fatal accident, it is absolutely essential that you talk to a lawyer as soon as possible. We urge you to contact The Law Offices of Jeff Paulk and set up a confidential consultation with our Tampa felony DUI attorney.

Felony DUI & Driver’s License Suspension: What You Need to Know

In addition to the criminal penalties you could be facing, your driver's license could subject to immediate and lasting revocation if you're charged with a felony DUI. As outlined by the department of Florida Highway Safety & Motor Vehicles (FLHSMV), there are several mandatory license revocation periods for any type of felony DUI.

These include: 

• First Felony DUI with Serious Bodily Injury: Minimum three-year driver’s license revocation
• Third DUI Conviction Within 10 Years: Minimum 10-year driver’s license revocation (though a hardship reinstatement could be available after two years)
• Fourth DUI Conviction or More: Mandatory permanent license revocation (though a hardship reinstatement could be available after five years; the timing for license revocation starts after any jail or prison sentence has been completed)
• DUI Manslaughter: Mandatory permanent license revocation (a hardship reinstatement could be available after five years if this was a first-time DUI conviction)

Driving on a Suspended License

We wanted to take a moment to discuss driving on a suspended license after a DUI. We bring this up because many Florida drivers are tempted to drive after a DUI suspension or revocation. Please be aware that even if someone is found guilty of a misdemeanor DUI, if they drive on a suspended license after a DUI or after DUI manslaughter, they can be found guilty of a third-degree felony.

Take Charge of Your Felony DUI Case

Regardless of the exact reason for your charges, a felony DUI is always a serious matter. As a skilled Tampa felony DUI lawyer, Jeff Paulk understands the freedoms at stake when you are facing a felony charge. He is committed to doing whatever it takes to defend your rights. This may include challenging your breathalyzer results or contesting the validity of your arrest. In any case, our firm knows how to provide the unflinching representation you need. 

If you have been charged with drinking and driving, contact an attorney at The Law Offices of Jeff Paulk right away. Attorney Jeff Paulk has personally handled thousands of cases and has built a reputation for hard-hitting DUI defense.

Felonies are serious criminal offenses that carry harsh penalties. Imprisonment is on the table, and a felony DUI conviction can affect employment, educational, and housing opportunities. Put a hard-hitting defense in your corner, and you'll have the best opportunity at a brighter future. 

Contact our Tampa felony DUI defense firm to put more than 20 years of experience on your side. Call (813) 321-7323 for a free consultation.