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A wide variety of factors can determine whether your DUI is charged as a felony or a misdemeanor. On the other hand, the severity of your penalty can also be influenced by a broad spectrum of circumstances. Your number of previous offenses, the level of your blood alcohol ratio when you took a breath test, and whether or not you injured any individuals while driving intoxicated can all affect the charges brought against you and the sentence you receive if convicted. A felony DUI charge has much more extreme repercussions than a misdemeanor DUI. With the threat of facing felony charges in court hanging over your head, it is essential that you speak to a DUI lawyer without delay. A skilled Jacksonville felony DUI attorney can greatly increase your chances of receiving a more favorable ruling in your case.
If you have been charged with multiple DUIs, then your DUI may be considered a felony DUI. Even if the circumstances of your current DUI seem minor, the severity doesn’t matter as much as the quantity of offenses on your record. A DUI can also be considered a felony if you were the cause of the death of another. Drinking and driving often leads to serious injury, but in many tragic cases, it can lead to death. If your DUI resulted in the death of another, then you were likely charged with vehicular manslaughter, also called homicide DUI. Some hit-and-run accidents may also be considered felony DUI. If you left the scene of the accident, you are likely facing more serious penalties than you would have if you had stayed at the scene of the accident.
It is always better to seek the help of a competent attorney who knows how to handle a Jacksonville felony DUI case. If the police officer who made your arrest is being honest with you, then you know that you are given the right to an attorney. You legally do not have to speak with an officer until you gain the help of a DUI defense lawyer. By speaking with a professional, you can learn how they will attempt to clear your charges. There are many ways that a DUI attorney can help you, one of the main ways being to try to find the evidence surrounding your felony DUI to be faulty.
DUI manslaughter is defined under Florida Statutes § 316.193(3) (2012) as someone who drives under the influence and while in operation of the vehicle either causes or contributes to the death of any human being – this includes an unborn quick child. An “unborn quick child” is defined under § 782.071 as a fetus that would be capable of meaningful life outside of the womb. In most cases, this is considered a second-degree felony and would be punishable with imprisonment not exceeding 15 years, as well as a $10,000 fine.
There are, however, some circumstances that would result in the offense being elevated to a first-degree felony. This occurs when the defendant is proven to have known that the crash occurred and failed to render aid. In these cases, punishment includes imprisonment not exceeding 30 years (in some situations resulting in life in prison), as well as a $15,000 monetary fine.
DUI with injury is a situation that is outlined under Florida Statutes § 316.193(3). Under this section of the law, it states that a defendant who is convicted of driving under the influence and causing serious bodily injury to another through the operation of a vehicle is guilty of a third-degree felony. What exactly constitutes a serious bodily injury? This is answered in § 316.1933 as any injury which would place the victim’s life substantially in danger; it can also result in physical impairment or disfigurement.
In cases where serious bodily injury has occurred, there are several changes that may result in the arrest procedure. For example, once a serious bodily injury has happened, law enforcement has the right to require a blood sample from the alleged drunk driver. In some cases, reasonable force may be used in an attempt to get the defendant to submit to the blood test.
In order to be convicted of a felony DUI, the prosecution must prove, beyond and to the exclusion of a reasonable doubt, that not only were you intoxicated while driving your vehicle, but that you have at least two prior DUI convictions. Our attorneys at Problems? Pick Porter!™ has a solid history of successfully defending felony DUI cases in court. Our experienced team includes a number of former DUI prosecutors who all have decades of experience in handling DUI cases in front of a judge.
With a strong understanding of both sides of the courtroom, our attorneys can create a vigorous defense case, anticipating any line of attack a prosecutor may take. Your case is not hopeless; having a Jacksonville felony DUI attorney on your side can dramatically increase your likelihood of receiving a lighter sentence or of having your felony charges reduced to misdemeanor charges.
Call (904) 858-3211 or contact us online to discover your options in a case review!
