If you have been pulled over on suspicion of DUI you may be frightened and nervous, especially if you have a previous conviction for driving under the influence of alcohol or drugs. Most subsequent DUI offenses can result in a felony conviction, which is punishable by prison time, a lengthy license suspension and mandatory placement of an ignition interlocking device on your vehicle. Additionally, other DUI offenses can result in a felony conviction, such as DUI manslaughter and DUI with serious bodily injury.
Unfortunately, a felony conviction can result in additional lasting repercussions in Florida, such as ineligibility to vote or hold public office, an inability to own or possess a firearm, loss of the ability to pursue certain professional occupations and licenses, and a possibly permanent criminal record.
WARNING: It is important to remember that if you receive an administrative license suspension from refusing to submit to a chemical alcohol test or failed an intoxication test, you only have 10 days to request a formal review of the license suspension.
If you have been charged with a felony driving under the influence offense in Jacksonville, or any of the surrounding areas in Florida, including Jacksonville Beach, St. Augustine, Orange Park, or Fernandina Beach, contact Roelke Law, P.A. Bill Roelke is an experienced criminal defense attorney who will make every effort to find defenses applicable to your DUI offense or find mitigating factors to have your felony DUI charges reduced or even dismissed. Call Roelke Law today for a free consultation at (904) 354-0333 about your alleged felony DUI.
According to Fla. Stat. § 316.193, an individual can be charged with driving under the influence (DUI) if they drive or have actual physical control of a vehicle within Florida, and their normal mental or physical faculties are impaired from the influence of alcohol or controlled substances or their blood or breath alcohol level is over the legal limit.
If an individual commits certain acts while driving under the influence, such as causing death or serious bodily injury to another person, or if they commit several DUI offenses within a certain period of time, they could receive a felony DUI conviction, which can result in penalties and punishments more serious than misdemeanor offenses.
Third DUI Offense – Fla. Stat. § 316.193(2)(b)(1) – An individual can be charged with a third driving under the influence offense if they have previously been convicted of two or more DUI offenses. This offense can result in a felony of the third degree conviction.
Fourth or Subsequent DUI Offenses – Fla. Stat. § 316.193(2)(b)(3) – An individual can be charged with this offense if they have previously been convicted of three or more previous DUI offenses, regardless of then the preceding offenses occurred. This offense can result in a conviction for a felony of the third degree.
DUI with Serious Bodily Injury – Fla. Stat. § 316.193(3)(c)(2) – An individual can be charged with this offense if, while driving under the influence of alcohol or drugs, they cause serious bodily injury to another person due to the operation of their vehicle while under the influence. A conviction for this offense can result in a felony of the third degree.
DUI Manslaughter – Fla. Stat. § 316.193(3)(c)(3) – An individual can be charged with this offense if they drive under the influence of alcohol or drugs, and as a result of the influence of alcohol or controlled substances, they cause the death of another person. This offense can result in a conviction for a felony of the second degree. However, this offense can result in a conviction for a felony of the first degree, if at the time of the offense, the person knew or should have known the crash occurred and they failed to give their information or assist the other person.
An individual who has been charged with a felony DUI can face serious penalties and repercussions. These penalties can vary depending on the degree of the felony offense. The following are Florida’s statutory minimum penalties for felony DUI offenses.
A felony of the third degree DUI offense in Jacksonville can result in a maximum prison sentence of five years. This degree felony can also result in a fine up to $5,000.
A felony of the second degree DUI offense in Jacksonville can result in a maximum prison term of 15 years and/or a fine not more than $10,000.
A felony of the first degree DUI offense in Jacksonville can result in a maximum prison term of 30 years or life imprisonment. This degree felony can also result in a fine up to $10,000.
According to Fla. Stat. § 322.28, an individual’s driver’s license can be suspended upon the conviction of any DUI offense. The following is the standard time period for driver’s license suspensions for felony DUI offense convictions:
Drivers who are convicted of felony DUI offenses in Florida may also be subjected to any of the following penalties:
An individual who has received a third conviction for DUI more than ten years after a prior conviction can be required to install an ignition interlock device on their car for two years, pay a fine between $2,000 and $5,000 and/or be imprisoned for up to 12 months.
An individual who has been convicted of a third DUI with at least one prior conviction in the ten preceding years can receive a mandatory installation of an ignition interlock device on their car for a period not less than two years, vehicle impoundment of 90 days and a mandatory prison term of 30 days.
An individual who has been convicted of a fourth or subsequent DUI, regardless of when the previous offenses occurred can receive a fine not less than $2,000.
If the individual is convicted of third or subsequent DUI offense and they had a high breath-alcohol or breath-alcohol level of .15 or higher, they can be required to pay a fine of at least $4,000.
Florida Constitution and Statutes – Section 316.193 of the Florida Statutes outlines the elements to felony DUI offenses in Florida and the penalties for a conviction arising from DUI with serious bodily injury, DUI manslaughter and third or subsequent DUI offenses.
Florida Department of Highway Safety and Motor Vehicles (FDHSMV) – This state government agency seeks to protect and serve the citizens of Florida by regulating the traffic laws of the state. This website provides information on Florida’s DUI laws, reinstating a license after a DUI conviction and Florida’s point system. A local Jacksonville service center is located at:
6672 Commonwealth Blvd.
Jacksonville, Florida 32254
Phone: (904) 630-1916
Florida Department of Transportation – The FDOT is a Florida governmental department that aims to provide a safe transportation system throughout the state and decrease the frequency, rate, severity of and potential for crashes involving motor vehicles.
Contact Roelke Law today for a consultation about your alleged felony driving under the influence offense throughout Duval County in Florida. Bill Roelke is an experienced Jacksonville criminal defense lawyer who will make every effort to help you avoid the most serious penalties and punishments for your alleged felony DUI offense. Contact Roelke Law at (904) 354-0333 for a consultation about your DUI charges throughout Duval County and the surrounding counties in Florida, including St. Johns County, Nassau County and Clay County.
