Marco Island Felony DUI Lawyer

Marco Island Felony DUI Attorney

A felony charge has lasting consequences that can impact your entire life. Penalties can be steep, but working with an experienced Marco Island felony DUI lawyer can help minimize the impact of these charges or get them dropped entirely.

The Law Office of Donald P. Day has extensive experience handling complex felony DUI cases. With broad knowledge of Florida DUI laws, we work to challenge the evidence against you and pursue the most favorable outcome possible for your situation.

Why Choose the Law Office of Donald P. Day?

As soon as you’re charged with a felony DUI, the prosecution immediately begins building a case against you. That’s why timely intervention is necessary. The sooner you contact the Law Office of Donald P. Day, the sooner we can begin building your defense.

Our team provides aggressive defense strategies tailored to your DUI case. We thoroughly investigate the traffic stop, police procedures, and the sobriety test results.

The Law Office of Donald P. Day works to negotiate with the prosecution to reduce or dismiss charges and minimize penalties. We hold a strong reputation for protecting clients’ rights and challenging DUI charges.

What Is a Felony DUI?

Many first DUI charges are misdemeanors. There are certain factors that can make a DUI a felony under Florida law. These can include:

• Having multiple prior DUI convictions. Three DUIs in 10 years or a fourth DUI offense overall is generally charged as a felony.
• Your DUI caused grave bodily injury. If the incident resulted in significant injury to another person, it could be charged as a felony.
• Your DUI resulted in a death. If someone was killed while you drove under the influence of drugs or alcohol, you may be charged with DUI manslaughter. This is one of the most serious DUI felonies possible in Florida.

Intoxicated drivers and open container violations are on the rise in Florida. In 2023, the state reported over 44,000 DUI arrests. Collier County had a DUI fatality rate of 1.5 per 100,000 residents in that year.

A felony DUI leaves you with a permanent criminal record that can impact your entire life. This can appear on housing and employment applications. You may also lose certain civil rights, such as the ability to own a gun.

Penalties for Felony DUI

The penalties for a felony DUI in Florida are severe, with sentencing increasing with more serious charges or aggravating factors. Some of the common penalties for felony DUI include:

• Prison sentence
• Hefty fines
• Probation
• License revocation, sometimes permanently
• Permanent criminal record
• Rehabilitation or education programs
• Ignition interlock device

These penalties can impact your future job and housing opportunities. It can also affect professional licensing and the ability to apply for certain loans. A Marco Island felony DUI attorney from the Law Office of Donald P. Day can pursue every avenue possible to minimize the impact of felony DUI laws.

Possible Defenses for Felony DUI

A DUI arrest doesn’t automatically mean you’ll be convicted. Every case is unique, but there are certain defenses to look into that can challenge the charges against you. Some of these include:

• An illegal traffic stop. Law enforcement must have had probable cause to pull you over. If not, evidence obtained could be suppressed.
• Improper field sobriety testing. Field sobriety tests can be subjective. Nerves and certain medical conditions can affect the results.
• Faulty breathalyzer or blood tests. Breathalyzer machines require proper calibration and regular maintenance. Errors in administration, collection, or storage can make the results unreliable.
• Violation of constitutional rights. If your Miranda rights were not read or if law enforcement didn’t follow proper procedure, the charges could be dismissed.

FAQs

What Is the Sentence for a Felony DUI in Florida?

The sentence for a felony DUI in Florida can be severe. A DUI felony can be caused by multiple DUIs within a certain timeframe or a DUI that resulted in serious injury. Penalties can include a prison sentence and hefty fines. You’ll also be subject to lengthy license revocation and mandatory treatment programs. If the DUI resulted in the death of another person, these consequences can be much more severe.

How Much Does It Cost to Hire a Felony DUI attorney in Florida?

When you hire a DUI lawyer in Florida, the cost can vary depending on the lawyer’s experience, the intricacies of the case, and whether the charge resulted in a felony or misdemeanor charge. You may incur additional expenses. These can include Collier County court fees, filing fees, and the costs for hiring a professional witness. Despite the costs, hiring a felony DUI lawyer can help reduce penalties and minimize the lasting consequences of your charge.

Can a Felony DUI Be Sealed in Florida?

A DUI in Florida cannot be expunged or sealed from your record. Once you’re convicted, the DUI becomes a permanent part of your criminal history. If your DUI was reduced or dismissed before conviction, then you may qualify for expungement. Because a felony DUI remains on your permanent record, it’s essential to hire a felony DUI lawyer to strengthen your defense and help you navigate your legal rights.

What Makes a DUI Case Weak?

A DUI case may be considered weak if there are flaws in the evidence or if your constitutional rights were violated. Common weaknesses include improper administration of field sobriety tests and inaccurate breathalyzer results. Law enforcement should only stop you if they have reasonable cause. Without that, the evidence may be suppressed. Certain medical conditions can also mimic signs of impairment.

An experienced Marco Island DUI attorney analyzes evidence to determine these weaknesses in your case.

Hire a Felony DUI Lawyer

Prosecutors pursue DUI charges aggressively. Because of the significant impact a DUI charge can have on your future, it’s imperative that you reach out to a felony DUI lawyer to have the strongest chance of a successful outcome.

The team at the Law Office of Donald P. Day provides aggressive representation and tailored defense strategies for felony DUI cases. We explain your options and fight for your legal rights and freedoms. Contact us today to schedule a free initial consultation.