Naples Felony DUI Lawyer

Naples Felony DUI Attorney

A DUI of any type can be a stressful, life-changing event. When it is a felony DUI case, the consequences can result in years in prison and thousands in fines. If you are currently facing felony DUI accusations, a Naples felony DUI lawyer can represent you both in and out of court and help you through this difficult time.

About Us

Our team at the Law Office of Donald P. Day has combined decades of experience representing the people of Naples and Southwest Florida in their DUI cases. Founding attorney Donald Day has handled over 3500 DUI cases on his own. His legal accomplishments have been recognized by various sources, and he has been named as a top lawyer in the area by Gulfshore Life and Naples Daily News.

Overview of DUI Laws in Florida

Driving under the influence (DUI) is a serious public health concern nationwide, with 12,429 people killed in DUI-related incidents across the country in 2023. In Florida that same year,   44,185 DUI arrests were made.

DUIs are defined under Florida Statute §316.193 as one of two options. The first is operating a vehicle with a blood alcohol content (BAC) of 0.08%. The second is driving under the influence of alcohol, a controlled substance, or a chemical that impairs normal function. The latter specification means you can be charged for a DUI in Florida with a lower BAC than 0.08% if it affects your normal driving ability.

When a DUI Is a Felony in Florida

First and second DUIs with no aggravating factors are not considered felonies in Florida. Your case may be escalated to a DUI due to one of the following:

• It is your third DUI within 10 years of your second offense.
• It is your fourth DUI at any point following three prior convictions.
• Serious bodily harm was caused due to intoxication.
• Someone died due to driving under the influence.
• Someone died, and you fled the scene while normal functions were impaired.

Felony DUI penalties range from third degree to first degree, with the potential for thousands in fines and years in prison and/or parole. All felony DUI Cases in Naples are handled at the Collier County Courthouse, located in Naples, FL.

Hire a Felony DUI Lawyer

Felony DUI charges are high-stakes situations that are challenging to navigate alone. While you can represent yourself, it is highly recommended that you hire a felony DUI Lawyer to aid you in your case. Your Naples felony DUI attorney can work with you to come up with a strong legal defense. Common strategies utilized include:

• Unreasonable reasons for the initial traffic stop. Florida law enforcement officers must have a reason for initially pulling you over.
• Confusing field sobriety test. Verbal field sobriety tests are subjective and can be phrased in confusing ways. Our Founder, Donald Day, was one of the first attorneys in Florida to exclude field sobriety tests from DUI cases.
• Faulty breath or blood tests. Breathalyzer tests must be properly calibrated before use, or they risk inaccurate results. Blood tests taken at the station must follow strict guidelines and a set process, with any difference serving as a reason for inaccurate data.
• Question the impairment of normal functions. This definition can be subjective and has room for error on the part of the arresting officer.

If you believe you are guilty, your Naples felony DUI lawyer can work with the court and the prosecution to find a plea bargain that minimizes the impact on your life. Plea bargains can shorten jail time, lower fines, or, in some cases, reclassify your charges to a lesser offense.

FAQs

What Is the Potential Prison Sentence for a Felony DUI in Florida?

The terms for your sentence in your Florida felony DUI case depend on the severity of the charges. A third offense within 10 years, a fourth offense, or a DUI causing serious bodily harm are all third-degree felonies, with maximum prison time of 1 to 5 years. A manslaughter DUI case is a second-degree felony, with a prison sentence of 4-15 years. If you flee the scene, it is a first-degree felony with a 4-year minimum and 30-year maximum.

How Much Does a Felony DUI Lawyer Cost in Florida?

The cost of your felony DUI lawyer depends on the severity of the charges, the complexity of your case, and the work hours it requires. A third offense case with no injured parties will often be less expensive than a DUI manslaughter case where you fled from the scene. Another contributing factor is the pricing model, such as retainer expenses, hourly rates, or flat-rate fees. Your felony DUI attorney can provide an estimate for what the final bill may be.

Can a Felony DUI Be Expunged or Sealed in Florida?

In Florida, you cannot get a felony DUI case either expunged or sealed. Florida Statute §943.0585 forbids all felony types from being removed from your permanent record if you are found guilty. You may be eligible to have your DUI case expunged if your charges are dismissed or dropped, or are downgraded through a plea bargain to reckless driving. Your felony DUI lawyer can discuss how your DUI case may affect you in the future.

Should You Get an Attorney for Your Florida Felony DUI Case?

If you are currently facing Felony DUI charges, you should seek legal counsel as early as possible. A guilty Felony DUI charge cannot only result in hefty fines, but years in prison, and the potential to have your license permanently revoked. An experienced felony DUI attorney can evaluate your case, gather supporting evidence for a defense, and negotiate with the prosecution for any potential plea bargain that can save you trouble now and later on.

Speak With a Naples Felony DUI Attorney Today

At the Law Office of Donald P. Day, we know that you are more than a few poor choices. Contact us for a free consultation, where we can learn your story and begin discussing options for your felony DUI case. You may also visit our Naples office, located on Tamiami Trail in East Naples.