The moment law enforcement arrested you or a loved one for felony DUI in Tampa, your world probably felt like it was crashing down. You’re rightfully concerned about what lies ahead and how a conviction can greatly affect your life and future.
The good news is that you don’t have to face this challenging time alone.
An experienced Tampa felony DUI defense lawyer at Metcalf Falls, Criminal Defense Attorneys, P.A. understands the emotional turmoil you’re going through. We’re here to stand by your side, fight for your rights, and help you navigate the legal process to increase your chances of getting the best results possible.
Contact us today for a free and confidential consultation.
Tampa Felony DUI Defense Guide
- When Does a DUI Become a Felony in Florida?
- What Are the Penalties for Felony DUI in Florida?
- Our Approach to Felony DUI Defense
- Possible Defense Strategies for Felony DUI in Florida
- Take Advantage of Our Experience and Knowledge
- The Felony DUI Legal Process in Florida
- How We Support Our Clients
- Why Choose Our Firm
- Contact an Experienced Florida Felony DUI Attorney Today
When Does a DUI Become a Felony in Florida?
In Florida, most first-time DUI offenses are classified as misdemeanors.
However, certain circumstances can elevate a DUI charge to a felony:
- Third DUI offense within 10 years: If you’ve had two previous DUI convictions and are arrested for a third DUI within 10 years, you’ll likely face felony charges.
- Fourth or subsequent DUI offense: Any fourth or subsequent DUI offense, regardless of when the previous convictions occurred, is automatically charged as a felony.
- DUI causing serious bodily injury: If your alleged drunk driving resulted in serious bodily injury to another person, you could be charged with a third-degree felony.
- DUI manslaughter: If a death occurs as a result of drunk driving, the charge becomes DUI manslaughter, a second-degree felony. In some cases, it can even be elevated to a first-degree felony.
- DUI with a minor in the vehicle: While not always a felony, having a minor under 18 in the vehicle during a DUI offense can result in enhanced penalties and, in some cases, felony charges.
DUI convictions from other states can also count towards Florida’s felony DUI threshold. The complexity of these laws underscores the need for experienced legal representation if you’re facing potential felony DUI charges in Tampa.
What Are the Penalties for Felony DUI in Florida?
The consequences of a felony DUI conviction in Florida are severe and far-reaching. They can include:
Criminal Penalties
- Third DUI within 10 years: Up to 5 years in prison and fines up to $5,000
- Fourth or subsequent DUI: Up to 5 years in prison and fines up to $5,000
- DUI causing serious bodily injury: Up to 5 years in prison and fines up to $5,000
- DUI manslaughter: Up to 15 years in prison (second-degree felony) or up to 30 years (first-degree felony) and fines up to $10,000
Administrative Penalties
- Permanent driver’s license revocation (possibility of hardship reinstatement after 5 years for some offenses)
- Mandatory installation of an ignition interlock device on all vehicles you own or operate
- Vehicle impoundment or immobilization
- Completion of substance abuse treatment programs
Other Consequences
- Felony conviction on your permanent record
- Loss of voting rights
- Difficulty obtaining employment, housing, or professional licenses
- Travel restrictions
- Loss of firearm ownership rights
- Strained personal relationships
- Increased insurance rates
- Potential deportation for non-citizens
These penalties can have a devastating impact on your life, but remember: being charged with a felony DUI doesn’t mean you’ll be convicted. With strong legal representation, you can challenge the charges, negotiate for reduced penalties, or even have the case dismissed.
Our Approach to Felony DUI Defense
At Metcalf Falls, Criminal Defense Attorneys, P.A., we believe in a comprehensive, strategic approach to felony DUI defense. We exhaust all resources to protect your rights and secure the best possible outcome for your case. Here’s how we tackle your defense:
Thorough Case Evaluation
We start by conducting a comprehensive review of your case. This includes examining police reports, witness statements, and all available evidence. We’ll discuss the circumstances of your arrest in detail, listening carefully to your side of the story. This thorough evaluation allows us to identify potential weaknesses in the prosecution’s case and develop a strong defense strategy tailored to your unique situation.
Investigation of Evidence
Our team relies on more than just the evidence presented by law enforcement.
We conduct our own independent investigation, which may include:
- Revisiting the scene of the arrest
- Interviewing witnesses
- Reviewing surveillance footage
- Examining maintenance records of breathalyzer devices
- Consulting with forensic experts on blood alcohol testing procedures
This meticulous approach often uncovers crucial details that can significantly impact your case.
Challenging Police Procedures and Testing Methods
Law enforcement must follow strict protocols during a DUI arrest and subsequent testing. We scrutinize every aspect of these procedures, including:
- The initial traffic stop and probable cause for the arrest
- Field sobriety test administration
- Breathalyzer calibration and maintenance
- Blood sample collection and storage
- Chain of custody for all evidence
Any deviation from proper procedures can lead to suppressed evidence or reduced charges.
Possible Defense Strategies for Felony DUI in Florida
Every felony DUI case is unique. We tailor our defense strategies to the specific circumstances of your situation. Some approaches we may consider include:
Questioning the Legality of the Traffic Stop
The foundation of many DUI cases is the initial traffic stop. If we can prove that the officer didn’t have probable cause or reasonable suspicion to pull you over, it could lead to the suppression of all evidence obtained as a result of the stop. This might include:
- Challenging the officer’s claim of erratic driving
- Investigating whether equipment violations (like a broken taillight) actually existed
- Examining whether the stop was based on racial profiling or other discriminatory factors
Challenging Breath or Blood Test Results
Breathalyzer and blood tests aren’t infallible. We may challenge these results by:
- Investigating the maintenance and calibration records of the testing devices
- Examining the qualifications of the individuals administering and analyzing the tests
- Exploring potential medical conditions or medications that could affect test results
- Questioning the chain of custody for blood samples
Exploring Alternative Explanations for Impairment
Sometimes, what appears to be alcohol impairment could have other causes. We’ll consider factors such as:
- Medical conditions that mimic intoxication (e.g., diabetes, neurological disorders)
- Fatigue or sleep deprivation
- Reactions to prescription medications
- Physical impairments affecting balance or coordination
Negotiating for Reduced Charges
Sometimes, the best strategy may be to negotiate with prosecutors for reduced charges. This could involve:
- Pleading to a lesser offense (e.g., reckless driving)
- Seeking alternative sentencing options, such as intensive probation or rehabilitation programs
- Arguing for charges to be dropped based on lack of evidence or procedural errors
Take Advantage of Our Experience and Knowledge
When you’re facing felony DUI charges in Tampa, you need a legal team that brings more than just book knowledge to the table. At Metcalf Falls, Criminal Defense Attorneys, P.A., we offer:
- Track Record of Successful Cases: We’ve successfully defended numerous clients against felony DUI charges, achieving outcomes ranging from complete dismissals to significantly reduced penalties. While past results don’t guarantee future outcomes, our experience gives us valuable insights into effective defense strategies.
- In-depth Knowledge of Florida DUI Laws: Florida’s DUI laws are complex and ever-changing. We stay up to date on the latest legal developments, ensuring that we can leverage every possible advantage in your defense. Our deep understanding of the nuances in Florida’s DUI statutes allows us to identify opportunities that less experienced attorneys might miss.
- Familiarity with Local Courts and Prosecutors: Having worked extensively in Tampa’s legal system, we’ve developed professional relationships with judges, prosecutors, and court personnel. This familiarity doesn’t mean preferential treatment, but we understand the local legal landscape and can navigate it effectively on your behalf.
The Felony DUI Legal Process in Florida
Navigating the legal system can be daunting, especially when facing felony charges. Here’s an overview of what you can expect as your case progresses:
Arraignment and Plea Options
Your first court appearance will be the arraignment, where the charges against you are formally read. You’ll be asked to enter a plea:
- Not Guilty: This is often the best choice initially, as it gives us time to review the evidence and build your defense.
- Guilty: You’re admitting to the charges as presented.
- No Contest: You’re neither admitting guilt nor fighting the charges, but accepting the punishment.
We’ll advise you on the best plea strategy based on the specifics of your case.
Pre-trial Motions and Hearings
Before trial, we may file various motions to strengthen your position, such as:
- Motion to Suppress Evidence: Arguing that certain evidence was obtained unlawfully and should be excluded.
- Motion to Dismiss: Requesting that charges be dropped due to lack of evidence or procedural errors.
- Motions in Limine: Asking the court to exclude certain evidence or testimony from trial.
Plea Bargaining vs. Going to Trial
We resolve many cases through plea bargaining, where we negotiate with prosecutors for reduced charges or penalties. However, if a favorable plea deal isn’t possible, or if we believe we have a strong case for acquittal, we may recommend going to trial.
Sentencing and Appeals
If convicted, we’ll advocate for the most lenient sentence possible, presenting mitigating factors and arguing for alternatives to incarceration when appropriate. If there are grounds for appeal, we’ll discuss this option with you and guide you through the appeals process if you choose to pursue it.
How We Support Our Clients
At Metcalf Falls, Criminal Defense Attorneys, P.A., we believe in providing comprehensive support that goes beyond just legal representation:
- Clear Communication Throughout the Case: We understand that facing criminal charges is stressful. That’s why we prioritize keeping you informed at every stage of your case. We’re always available to answer your questions, explain legal concepts in plain language, and update you on your case progress.
- Guidance on Minimizing Personal and Professional Impact: A felony DUI charge can have ripple effects throughout your life. We offer guidance on how to handle potential professional consequences, maintain important relationships, and take proactive steps that may positively influence your case outcome.
- Assistance with License Suspension Issues: Losing your driving privileges can severely impact your daily life. We’ll help you understand your options for maintaining limited driving privileges and guide you through the process of eventually reinstating your license.
Why Choose Our Firm
You have many options when selecting a law firm to handle your felony DUI case in Tampa, but you want to choose the right one for your case. Here’s why Metcalf Falls, Criminal Defense Attorneys, P.A. stands out:
- Dedicated Focus on DUI Defense: We focus a significant portion of our practice on DUI defense. This focused approach means we’re well-versed in the latest defense strategies and legal precedents that can make a difference in your case.
- Personalized Attention to Each Case: We don’t believe in one-size-fits-all defense strategies. Your case is unique, and we treat it as such. From our initial consultation through the resolution of your case, you’ll receive personalized attention and a defense strategy tailored to your specific situation.
- Commitment to Achieving the Best Possible Outcome: We understand what’s at stake in your case, and we’re committed to fighting tirelessly for the best possible outcome. Whether that means aggressively negotiating for reduced charges, pushing for alternative sentencing options, or taking your case to trial, we’re prepared to go the distance for you.
Contact an Experienced Florida Felony DUI Attorney Today
Brett Metcalf, Tampa Felony DUI Defense Attorney
Facing felony DUI charges in Tampa is a serious matter with potentially life-altering consequences. Remember, though, an arrest is not a conviction. You have rights. With our skilled Tampa DUI defense attorney, you can fight these charges and work towards protecting your freedom, your future, and your reputation.
Turn to Metcalf Falls, Criminal Defense Attorneys, P.A., to handle your Tampa felony DUI case. We bring legal knowledge, courtroom experience, and genuine compassion to your defense. We understand your fears and uncertainties, and we’re here to guide you through this difficult and uncertain time with compassion and respect, strategic thinking, and unwavering advocacy.
Don’t let a felony DUI charge define your future. Take the first step towards protecting your rights by contacting us today at (813) 258-4800 for your free, confidential consultation. We’ll listen to your story, evaluate your case, and provide honest, straightforward advice on your best path forward.
TAMPA OFFICE
