Daytona Beach Felony DUI Attorney

Protecting From Severe and Devastating Consequences in Volusia County, FL

In our state, if an individual is convicted of a fourth (4^th) or subsequent DUI (within 10 years of previous convictions) or if a DUI results in great bodily injury or death to another person, a defendant will be charged with felony DUI. As with any criminal matter, enhanced charges will result in greater penalties when you are convicted and anyone facing allegations for felony DUI could wind up with a substantial prison sentence, severe fines, drivers' license suspension and a felony criminal record, which may not be eligible in the future for expungement.

If you or someone you care about has recently been arrested and charged with felony DUI, it is imperative that you immediately obtain the services of an exceptionally qualified Daytona Beach felony DUI attorney. It is also crucial that you exercise your right to remain silent until you secure and consult your legal representation, as anything you say to police, investigators or prosecutors can and likely will be used against you.

Arrested for felony DUI? The Daytona Beach felony DUI lawyer at Buckmaster & Ellzey can help fight for your rights. Contact us online or call at (888) 785-6548!

How a DUI Can Escalate to a Felony?

A DUI (Driving Under the Influence) charge can escalate to a felony in several circumstances, reflecting the seriousness of the offense and its consequences. 

Here are the key factors that can lead to felony DUI charges:

• Multiple Offenses: In Florida, a fourth DUI conviction can lead to felony charges, regardless of the time frame between offenses.
• Serious Bodily Injury: If a DUI incident results in serious bodily injury to another person, the charges can escalate to a felony. 
• Fatalities: If a DUI accident leads to the death of another person, the driver can face felony charges, often categorized as DUI manslaughter or vehicular homicide. 
• Driving with a Suspended License: If a driver is caught operating a vehicle under the influence while their license is suspended due to prior DUI offenses, this can result in felony charges.
• Child Endangerment: If a driver is arrested for DUI while a minor is in the vehicle, they may face enhanced penalties.
• Use of a Weapon or Dangerous Instrument: If a DUI involves the use of a weapon or other dangerous instrument, charges can be elevated to a felony, depending on the circumstances.

What Are the Penalties for DUI in Florida?

The penalties for DUI in Florida depend on the circumstances of the offense and the offender's criminal history.

The legal consequences of a felony DUI conviction in Florida can be severe and far-reaching, including:

• Imprisonment: Sentences typically range from 1 to 5 years, with longer terms possible for serious injuries or fatalities.
• Fines: Convictions often result in significant fines, usually starting at $5,000.
• Probation: Offenders may face several years of probation with strict conditions.
• License Suspension: Driving privileges can be suspended for up to 10 years.
• Mandatory Treatment Programs: Participation in alcohol or substance abuse programs is often required.

It is important to note that these penalties are just the criminal consequences of a DUI. In addition to these penalties, you may also face civil consequences, such as higher insurance rates and loss of employment. It is strongly advised to speak with an attorney if you have been charged with a DUI in Florida.

How Long Does a Felony DUI Stay on Your Record in Florida?

In Florida, a felony DUI conviction remains on your criminal record permanently. Unlike some states that may allow for expungement or sealing of records after a certain period, Florida has strict rules regarding felony convictions.

This means that once convicted, the felony DUI will be visible on background checks and can impact various aspects of life, including employment opportunities, housing applications, and professional licensing. 

The Importance of a Strong Defense

Having our Daytona Beach felony DUI attorney by your side can make a significant difference in the outcome of your case. A strong defense strategy may involve various approaches, including:

• Challenging the Traffic Stop: We will scrutinize the circumstances surrounding your arrest. If the police officer did not have reasonable suspicion to pull you over, any evidence collected afterward may be deemed inadmissible in court.
• Questioning Field Sobriety Tests: Field sobriety tests can be subjective and often depend on various factors, such as physical condition and environmental influences. Our attorney can challenge the validity of these tests and argue that the results do not accurately reflect your level of impairment.
• Reviewing Breathalyzer Results: Breathalyzer tests must be administered correctly to be considered valid. Your attorney will evaluate the calibration records of the device, the qualifications of the officer administering the test, and any potential interference that may have affected the results.
• Exploring Plea Bargaining Options: In some cases, negotiating a plea bargain may be a viable option. Your attorney can advocate for reduced charges or penalties, helping to mitigate the impact of the DUI on your life.
• Presenting Mitigating Factors: Your attorney can present evidence that may reduce the severity of your charges or penalties. Factors such as a clean driving record, participation in alcohol education programs, or a history of responsible behavior can influence the court’s decision.

Get Defense for Felony DUI Charges in Daytona Beach

At Buckmaster & Ellzey, we strive to provide the absolute highest level of representation, guidance through the DUI process and service to our clients. We understand the tremendous pressure that any type of criminal charges can put on a person and their family, as well as their professional life, and we are committed to developing and presenting the most effective defensive strategy in order to help avoid or minimize the penalties that are associated with a felony DUI.

We are compassionate about our clients' situations, yet relentless in and out of the courtroom, and know what procedures are employed by prosecutors to attempt to limit a defendant's freedom because of previously serving as prosecutors ourselves. We apply dedication, skill, creativity and talent to each and every case we represent and are prepared to zealously fight for the best possible result for you in your legal matter.

Contact a Daytona Beach DUI attorney now to confidentially discuss the details of your felony DUI case and learn what steps we can take to assist you. Call now - (888) 785-6548