Bonita Springs Felony DUI Lawyer

Bonita Springs Felony DUI Attorney

Facing a DUI charge in Florida can be scary. The state takes these charges very seriously, and the penalties reflect this. But a Bonita Springs felony DUI lawyer can help.

The Law Office of Donald P. Day fights to defend those charged with DUI offenses throughout Lee County and the surrounding areas. We’re committed to protecting your rights and minimizing the impact of felony DUI laws on your future.

How the Law Office of Donald P. Day Can Help

When you’re facing a DUI charge, know that the prosecution has extensive resources at its disposal. This includes police officers, toxicology professionals, and forensic evidence. Without the help of an experienced Bonita Springs felony DUI attorney, you may lack the knowledge you need to go up against them.

The Law Office of Donald P. Day provides personalized representation for individuals charged with a felony DUI. We review all the details of felony DUI cases, including traffic stops, arrests, and blood and breathalyzer test results. Our team also reviews the legality of your traffic stop to determine if law enforcement followed proper procedure.

We have extensive experience working with the Lee County Sheriff’s Office, Lee County courts, and local prosecutors. This insight helps us develop strategies that can strengthen your defense. We aim to reduce or dismiss the charges against you and can fight for your rights in court, if necessary.

What Is a Felony DUI?

In 2023, Florida reported 44,000 DUI arrests. Not every DUI in Florida is a felony. Many first, and even second, DUIs can be misdemeanors. But certain factors can elevate the charge to a felony. Some common reasons for a DUI to become a felony in Florida include:

• Multiple DUI convictions. If you’ve had three DUIs in 10 years or a fourth DUI in your lifetime, it’s automatically a felony.
• DUI with serious injury. If your actions caused an accident that resulted in another person suffering grave bodily harm, the charge could become a felony.
• DUI manslaughter. If a DUI-related accident causes another person’s death, it’s charged as DUI manslaughter, a second-degree felony. Lee County reported a 6 to 100,000 rate for DUI fatalities in 2023. About 325 drivers alone were killed that year with a blood alcohol level at or above 0.08.

Penalties for a Felony DUI

Felony DUI charges have harsh consequences to deter impaired driving. The severity of the penalties depends on the circumstances of the offense and your prior history. Some penalties you could face include:

• Heavy fines
• Lengthy prison sentence
• Long-term or permanent driver’s license revocation
• Probation
• Community service
• Alcohol treatment program
• Mandatory ignition interlock device
• Permanent criminal record

You could also risk losing your job or professional licensing. It may also be more challenging to secure loans, housing, or employment. That’s why it’s so important to hire a felony DUI lawyer you trust, who can help you face these charges with a strong defense strategy.

Possible Defense Strategies for a Felony DUI

The Law Office of Donald P. Day examines every aspect of your case to build a strong defense against the charges. For example, if the police didn’t have reasonable suspicion to pull you over, any evidence they obtained could be thrown out.

Breath and blood alcohol tests aren’t always reliable. If they were not properly calibrated or maintained, it can undermine the test results. The chain of custody should also be explored to ensure these results were not contaminated in any way.

Certain health issues, such as diabetes or neurological conditions, can mimic intoxication or skew test results. In addition, law enforcement may have exaggerated signs of intoxication, such as unsteady walking. We challenge subjective observations with the use of evidence and professional testimony.

In cases involving injury or death, the prosecution must prove that the impairment directly caused the accident. We work to present evidence that other factors contributed to these events. By tailoring your defense strategy to the specific facts of your case, we can reduce charges, secure a case dismissal, and potentially achieve an acquittal in court.

FAQs

How Likely Is Jail Time for the First DUI in Florida?

For a first DUI conviction in Florida, jail time is possible. Under Florida DUI laws, it’s not mandatory. Many first-time offenders receive probation, fines, and community service as part of their sentencing. They may also have to attend a DUI program. Courts consider many factors when determining sentencing. This can include your blood alcohol level, the circumstances of your arrest, and whether there were any aggravating factors.

What Is the Sentence for a Felony DUI in Florida?

In Florida, the sentence for a DUI felony depends on the circumstances surrounding your case and whether there were aggravating factors. Prison can be a part of the penalty, as well as hefty fines. A DUI causing grave bodily injury or manslaughter can significantly increase these penalties. Your driver’s license may be revoked, which could be permanent in some cases.

Can You Beat a DUI Case in Florida?

It’s possible to beat a DUI case in Florida, but success depends on the circumstances. Some common defenses include challenging the legality of the traffic stop itself. Without reasonable cause, law enforcement should not pull you over. Certain medical conditions or fatigue can mirror impairment. If law enforcement violated your rights during the stop, this can also be used in your defense.

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

A DUI conviction in Bonita Springs remains on your criminal record permanently. Florida felony DUI laws don’t allow DUI convictions to be sealed or expunged. Therefore, your conviction may appear on all background checks for jobs, housing, or licensing opportunities. The strongest chance of fighting these charges to protect your future is to hire a skilled felony DUI lawyer.

Hire a Felony DUI Lawyer

If you’re facing a felony DUI charge, quick action can make a big difference. An experienced Bonita Springs felony DUI lawyer thoroughly investigates your case to gather evidence supporting your defense.

The Law Office of Donald P. Day is a trusted advocate who can fight for your rights and freedoms. Contact us today to schedule a free consultation.