Miami, Florida Felony DUI Attorney

Dedicated Attorney Defending Against Felony Drunk Driving Charges in Miami

No matter the situation, DUI charges are serious. In Florida, drunk driving may result in misdemeanor charges, but certain circumstances can elevate DUI to a felony offense. A felony conviction carries severe penalties, including prison time of more than one year, thousands of dollars in fines, the loss of firearm rights, and a permanent criminal record. Prosecutors are likely to seek maximum penalties for felony DUI charges, which makes a strong defense strategy crucial.

At The Hoffman Firm, our Miami attorney can help you determine the best ways to defend against a felony conviction. We will review the issues that could affect your case, such as previous convictions and the circumstances surrounding your arrest, to determine the ideal defense strategy. Throughout the entire legal process, we will fight to protect your rights, and we will advocate for solutions that will minimize the penalties that could affect you both now and in the future.

Third DUI Within 10 Years

A first or second DUI charge is usually a misdemeanor offense. However, if you are charged with a third DUI within 10 years after the most recent DUI conviction, you will face third-degree felony charges. The penalties you may face if you are convicted will include a prison sentence of up to five years and a fine of up to $5,000. Your license will be revoked for at least 10 years. While you may qualify for a hardship license after two years, you will be required to use an ignition interlock device for a minimum of two years.

Fourth or Subsequent DUI

A fourth DUI offense or any additional offenses will automatically be charged as felonies, regardless of when prior offenses occurred. While these will be charged as third-degree felonies, it is likely that prosecutors will seek the maximum penalties. A conviction will result in a permanent revocation of your driver's license, without the ability to obtain a hardship license.

DUI With Serious Bodily Injury

If you are accused of causing an accident while you were intoxicated, and the collision caused someone to suffer serious bodily harm, you will face third-degree felony charges. In addition to penalties such as fines and jail time, your license will be revoked for a minimum of three years.

DUI Manslaughter

The most serious DUI charges will involve accusations of causing someone else's death while driving under the influence. This is a second-degree felony offense, and a conviction may result in a sentence of up to 15 years in prison, as well as a fine of up to $10,000. If you are accused of leaving the scene of the accident without providing help to others who were involved or contacting the authorities, you will face first-degree felony charges, and you could be sentenced to as much as 30 years in prison. The mandatory minimum prison sentence for DUI manslaughter is four years. A conviction will also result in the permanent revocation of your driver's license.

Defending Against Felony DUI Charges

Because of the serious consequences of a felony conviction, an aggressive defense strategy will be required in these situations. At The Hoffman Firm, our Miami felony DUI attorney can help determine the best steps to take to prevent a conviction or reduce the charges and penalties. We can:

• Challenge Breath and Blood Test Results: Many DUI cases rely on evidence obtained through breathalyzer or blood tests. The results of these tests may be inaccurate due to improper calibration or maintenance of equipment or errors in blood sample handling. Our lawyer can file a motion to suppress evidence if testing was conducted improperly.
• Disputing the Cause of an Accident: In DUI cases involving serious injuries or death, the prosecutor must prove that the defendant's impairment caused the crash. Our attorney may be able to show that an accident had other causes, such as bad weather, a mechanical failure, or the actions of another driver. We can work with accident reconstruction experts to dispute the prosecution's claims.
• Defending Against Manslaughter Charges: To help prevent a conviction for manslaughter, our lawyer may argue that the defendant was not legally impaired at the time of the crash or that the victim's death was not directly caused by the defendant's impairment. By disputing whether there is sufficient evidence to prove guilt beyond a reasonable doubt, we can advocate for a dismissal, acquittal, or reduced sentencing.

Contact Our Miami, FL Felony DUI Defense Attorney

The penalties of a felony DUI conviction can be life-altering. Whether you have been charged with a third or fourth DUI, DUI with serious bodily injury, or DUI manslaughter, you need an experienced lawyer to fight for your rights. At The Hoffman Firm, our attorney can help you explore all possible defense options and achieve a positive outcome to your case. Contact our office today by calling 305-249-0090 to arrange a free consultation and begin building your defense.