Serving Miami, FL Since 2006
Felony DUI Lawyer in Miami
Don’t Let a Felony DUI Derail Your Life—Talk to a Miami Attorney Today
Facing a felony DUI charge in Miami can be an overwhelming experience. Unlike a misdemeanor DUI, a felony DUI carries harsher penalties, including longer jail time, higher fines, and a permanent criminal record.
Florida law is stringent when it comes to DUIs, reflecting the state's commitment to road safety. For Miami residents, this law affects not only their driving privileges but also their future opportunities.
It's essential for individuals to be aware of these implications and seek experienced legal representation by a felony DUI attorney in Miami to navigate the complexities of Miami's DUI laws.
Our experienced felony DUI attorney in Miami is here for you, offering bilingual support and free consultations. Call (305) 400-0074 now or contact us online to get the help you need—fast.
Understanding Florida's Felony DUI Laws (Florida Statute § 316.193)
While most first and second DUI offenses in Florida are misdemeanors, certain circumstances or "aggravating factors" elevate a DUI to a felony. These circumstances reflect a legislative intent to impose harsher punishments for conduct deemed particularly dangerous or for repeat offenders. A knowledgeable felony DUI lawyer in Miami will quickly identify if your charge falls into one of these felony categories.
Key Aggravating Factors That Elevate a DUI to a Felony in Florida:
- Third DUI Conviction (within 10 years of a prior conviction): This is the most common reason a DUI becomes a felony. If your current DUI arrest occurs within 10 years of a prior DUI conviction, it will be charged as a felony.
- Fourth or Subsequent DUI Conviction (anytime, lifetime look-back): If you have three or more prior DUI convictions on your record, your new DUI arrest will automatically be charged as a felony, regardless of how long ago the prior convictions occurred. Florida has a "lifetime look-back" for this specific enhancement.
- DUI Causing Serious Bodily Injury (Florida Statute § 316.193(3)(c)2): If your operation of a motor vehicle while intoxicated causes "serious bodily injury" to another person, it is automatically a felony.
- DUI Manslaughter (Florida Statute § 316.193(3)(c)3a): If your operation of a motor vehicle while intoxicated causes the death of another human being or an unborn child (a "quick child"), it is a felony.
The specific nuances of each felony DUI charge, particularly the causation elements in injury/death cases and the validity of prior convictions for enhancement, are absolutely critical. A skilled felony DUI lawyer in Miami will meticulously analyze these elements in relation to your specific charges.
Our Clients Are Our Number One Priority
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"I am extremely happy with the results of Armando and his entire work team"
I am extremely happy with the results of Armando and his entire work team. My 15-year-old brother, who I will withhold his name for privacy, was involved in a strong case, he was accused of murder and armed robbery, his was looking at 25 years to life in prison. As a family we were devastated but thanks to God and putting together the achievement that my brother was given a Bootcamp program in 7 months, currently my brother is in the program that will only last 6 months and he will return home. Thanks to all your work team, mainly Carlos and Natasha, may God bless you and may you continue helping many people, happy to have Armando as a family lawyer.
- Lilibeth -
"I highly recommend the whole team. Thanks Again!"
Mr. Hernandez was great and his office just as good. From the get go they took charge and all our stress was handed to them to take care of. They removed 5 driving citations, no points, no fines, nothing. Case closed. He and his office know how to handle these cases. They give it there personal involvement from the start. I highly recommend the whole team. Thanks Again!- RH -
I consider myself fortunate to have come through this very unpleasant situation and feel that Armando did an excellent job in defending me and securing the outcome of my case.- David
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I highly recommend this law office.- J.D.
FAQs
Can a Felony DUI Charge Be Reduced or Dismissed?
Yes, felony DUI charges can sometimes be reduced to misdemeanors or dismissed. This depends on factors like your criminal history, the severity of the incident, and whether any procedural violations occurred during the arrest. An experienced Miami felony DUI lawyer will scrutinize evidence, including the validity of chemical tests and the legality of the traffic stop, to pursue a reduction or dismissal.
How Will a Felony DUI Affect My Record and Future?
A felony DUI conviction can negatively impact nearly every aspect of your future. Beyond incarceration and fines, you may face difficulty securing employment, housing, or professional licenses. You could also encounter travel restrictions, especially for countries like Canada. Because this type of conviction becomes part of your permanent record, fighting the charge aggressively is critical.
What Is the Court Process Like for Felony DUI in Miami?
The court process for a felony DUI in Miami begins with an arraignment, followed by discovery and pre-trial motions to examine evidence and argue legal points. If the case proceeds to trial, the prosecution must prove your guilt beyond a reasonable doubt. Strong, proactive legal representation is vital at every step to suppress key evidence or demonstrate investigative flaws.
Can I Still Drive After a Felony DUI Arrest?
After a felony DUI arrest, your license may be suspended immediately. However, you might be eligible to apply for a hardship license, which would allow you to drive to essential locations such as work, school, or medical appointments. Applying for this restricted license typically requires participation in an alcohol education course and demonstrating your intent to comply with court requirements.
What If I Refused a Breath or Blood Test?
Refusing a chemical test can result in an immediate license suspension and could be used as evidence of guilt in court. However, a refusal is not an automatic conviction. Officers must follow Florida’s implied consent laws correctly. An attorney will investigate whether these legal requirements were met and may be able to challenge the suspension or the admissibility of your refusal in court.
Is It Possible to Expunge a Felony DUI in Florida?
Expunging a felony DUI conviction in Florida is generally not possible. However, if the case is dismissed or if charges are reduced and you avoid a formal conviction, you may be eligible to have your record sealed or expunged. An attorney can help determine if you qualify for this post-conviction relief and can assist in navigating the application process.
What Sets Us Apart From The Rest?
Law Office of Armando J. Hernandez, P.A. is here to help you get the results you need with a team you can trust.
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Antiguo fiscal del estado
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Más de 20 años de experiencia
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Enfoque exclusivo en defensa criminal
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Revisión inicial gratuita del caso
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Disponible 24/7
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Miles de casos manejados exitosamente