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 DWI Charge Be Reduced or Dismissed?
Yes, felony DWI charges can sometimes be reduced to misdemeanors or dismissed entirely, depending on the specifics of the case. Factors that influence this possibility include the defendant’s prior criminal history, the nature and severity of the incident, and whether any procedural violations occurred during the arrest. An experienced Miami felony DWI lawyer will scrutinize all available evidence, including the validity of chemical tests and the legality of the traffic stop, to pursue reductions or case dismissals.
How Will a Felony DWI Affect My Record and Future?
A felony DWI conviction can negatively impact virtually every aspect of your future. Beyond incarceration and fines, you may encounter difficulty securing employment, housing, or professional licenses. You could also face travel restrictions, particularly when entering countries like Canada. Because this type of conviction becomes part of your permanent record, it’s crucial to fight the charge aggressively and explore all legal options for mitigation or expungement when applicable.
What Is the Court Process Like for Felony DWI in Miami?
The court process for a felony DWI in Miami begins with an arraignment, where charges are formally presented. This is followed by discovery and pre-trial motions, which allow both sides to examine evidence and argue legal points. If the case proceeds to trial, the prosecution must prove your guilt beyond a reasonable doubt. Pre-trial motions can often shape the outcome significantly, especially if your attorney is able to suppress key evidence or demonstrate investigative flaws. Every step of the process benefits from strong, proactive legal representation.
Can I Still Drive After a Felony DWI Arrest?
After a felony DWI arrest in Florida, your license may be suspended either immediately or soon afterward. 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 demonstration of your intent to comply with court requirements. Early action improves your chances of being granted limited driving privileges.
What If I Refused a Breath or Blood Test?
Refusing a chemical test in Florida can result in 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, which includes properly informing you of your rights and the consequences of refusal. 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 DWI in Florida?
Expunging a felony DWI in Florida is generally not possible if there is a conviction. However, if the case results in a dismissal or if charges are reduced and you avoid a formal conviction, you may be eligible to seal or expunge your record. An attorney can help determine whether you qualify for post-conviction relief or sealing under Florida law, and will assist in navigating the application process if you’re eligible.
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