Tampa Felony DUI Lawyer

Tampa Felony DUI Attorney

Dealing with the fallout of a DUI can be embarrassing, painful, and frustrating. DUIs have a serious social stigma and can result in significant damage to your personal relationships and social standing. When you are charged with a DUI, it is important that you take the proper steps to protect yourself by retaining experienced legal counsel. If you are being charged with a felony DUI, it is especially important to do so. Reach out to a Tampa felony DUI lawyer to learn more.

What Makes a DUI a Misdemeanor in Florida?

Typically, a first or second-offense DUI charge is a misdemeanor in Florida, provided nobody was injured or killed in the accident in question. The penalties for a misdemeanor DUI in Florida can still be severe, depending on your specific case. These penalties may include:

• Considerable Fines: For a first conviction DUI, you could be facing a possible fine of up to $2,000 if your blood alcohol content (BAC) is between 08% and 0.15%; any higher than 0.15% and your potential fine goes up to $4,000.
• Prison Time: Prison time for a DUI is largely decided at the discretion of the Florida courts. A first conviction could result in a potential prison sentence of six months if your BAC is between 0.08% and 0.15%. If your BAC is higher than 0.15%, your potential prison sentence rises to nine months. However, if there are aggravating factors in your case, your prison sentence could be much longer if the court deems it necessary.

Felony DUIs in Florida

For a first or second-offense DUI to be charged as a felony, the impaired driver would need to have caused serious harm, death, or property damage as a result of their actions. Here are some potential ways a DUI could be treated as a felony in Florida:

• Fourth DUI Conviction: Florida courts tend to be aggressive toward repeat DUI offenders. If you are charged with and convicted of a DUI for the fourth time in a row, you will automatically be charged with a felony. For a fourth DUI conviction, you could be facing possible fines between $2,000 and $4,000 and a prison sentence of at least five years.
• Third DUI Within 10 Years: If you are arrested and convicted of three DUIs within ten years, you could be found guilty of a third-degree felony, which could land you a potential fine of up to $5,000 and a possible prison term of up to five years. You will also have an ignition interlock device installed in your vehicle for at least two years at your expense.
• Serious Injury: One of the more common ways that a DUI becomes a felony charge is if your actions cause serious injury to another driver, passenger, or pedestrian. If your DUI leads to such consequences, you will likely be looking at a third-degree felony, which could land you a potential fine of up to $5,000 and a possible prison term of up to five years.
• DUI Manslaughter: In the event that your actions lead to the accidental death of a passenger, another driver, or a pedestrian, you could be looking at a second-degree felony. Such a charge could result in a potential 15-year prison sentence and a possible fine of up to $10,000. You may also be ordered to pay restitution or funeral expenses to the victim’s family.

FAQs

Q: What Should You Look for in a DUI Lawyer in Florida?

A: There are many important qualities you should look for when seeking out a DUI defense lawyer in Tampa, Florida. A good criminal defense attorney is always honest with you, even when the outlook is not ideal. They take you seriously, treat you with respect, have impeccable negotiation skills and a considerable amount of knowledge and experience, and provide a sense of understanding. In short, a good lawyer is always there for you.

Q: How Do I Win a DUI Case in Florida?

A: There are multiple ways to win a DUI case in Florida. It all depends on what your DUI lawyer decides is your most valid and reasonable defense. They may decide to challenge the legality of your initial arrest by arguing entrapment. They could decide to argue that you were never properly read your Miranda rights or were administered a breath or field sobriety test incorrectly. Your attorney should seek the most positive outcome possible, whether it’s a case dismissal or a reduction of the charges.

Q: Do You Need an Attorney for a DUI in Florida?

A: Technically, you do not need to hire an attorney for a DUI offense in Florida. You are more than welcome to represent yourself and your own interests in court. However, it is highly recommended that you retain experienced legal counsel. DUI attorneys do not just represent you in court. They provide you with a well-thought-out defensive strategy to help you beat the charges against you. Having a lawyer can make or break your entire case.

Q: What Is the 10-Day Rule for a DUI in Florida?

A: The “10-Day Rule” in Florida means that you will have ten days from the date of your initial arrest to continue your driving privileges before they are suspended by the court. During that 10-day period, you will be allowed to drive even though your license has been suspended. You can use your DUI ticket as a temporary permit. Once those ten days are up, your license will be fully suspended, or it may be reinstated.

Contact an Accomplished DUI Lawyer From Jeff Marshall Law Today

Dealing with the legal fallout of a felony DUI charge can be overwhelming, but you don’t have to go through this situation by yourself. The legal team at Jeff Marshall Law is prepared to assist you with building your case. We can work with you to develop a defense and advocate for your interests. Reach out to speak to a valued team member and learn more about what we can do to help.