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Felony DUI Your Legal Lifeline in Stormy Seas

Felony DUI Attorney in Manatee County

Trust Our Team for Your Felony DUI Defense

Facing a felony DUI charge in Manatee County can be daunting and overwhelming. At McIntosh Law, we stand by you every step of the way with a team approach that leverages our deep understanding of criminal defense law. With over 100 years of combined experience among our attorneys and paralegals, we are equipped to handle both state and federal cases, providing strategic defenses tailored to your unique situation.

Understanding the seriousness of a felony DUI charge is essential. Such charges often result from multiple DUI offenses, driving under the influence resulting in an accident causing serious injury or even death, or having minors in the vehicle during the offense. These circumstances not only elevate the charge from a misdemeanor to a felony, but they also increase the potential consequences. 

At McIntosh Law, our approach goes beyond just understanding the law; it involves a deep familiarity with the local legal landscape in Manatee County. Our legal team continually updates our knowledge of local court procedures and prosecutor strategies, enabling us to provide representation that is not just legally sound but strategically advantageous given your specific circumstances.

Facing a felony DUI charge? Contact a felony DUI attorney in Manatee County to protect your rights—Call (941) 299-0701 or reach out online for a virtual consultation.

Understanding Felony DUI Laws in Florida

In Florida, a DUI can be elevated to a felony charge under specific circumstances. A standard DUI is a misdemeanor, but the law has clear provisions for when the charge becomes a felony. The key to a felony DUI is not just the act of driving under the influence but the presence of aggravating factors that increase the severity of the offense. 

The three primary ways a DUI can become a felony in Florida are:

  • Third DUI Conviction: If a person is convicted of a third DUI within a 10-year period, the charge is automatically elevated to a felony under Florida Statutes § 316.193(2)(b).
  • DUI Causing Serious Bodily Injury: If a person, while driving under the influence, causes serious bodily injury to another person, the charge is automatically a felony under Florida Statutes § 316.193(3).
  • DUI Manslaughter: If a person, while driving under the influence, causes the death of another person, the charge is automatically a felony under Florida Statutes § 316.193(3). This is the most serious DUI-related charge, and a dedicated felony DUI attorney in Manatee County will take on this charge with the utmost seriousness.

Classifications and Penalties of a Felony DUI in Manatee County

In Florida, a felony DUI is a serious offense. The penalties and potential for prison time are significantly higher than for a standard misdemeanor DUI.

  • Third Offense DUI: A third-degree felony. A conviction can result in a state prison sentence of up to five years, a fine of up to $5,000, and a mandatory 10-year license revocation.
  • DUI with Serious Bodily Injury: A third-degree felony. A conviction can result in a state prison sentence of up to five years and a fine of up to $5,000. The penalties can be enhanced if the serious bodily injury is to a police officer.
  • DUI Manslaughter: This is a second-degree felony. A conviction can result in a state prison sentence of up to 15 years and a fine of up to $10,000. If the victim was a police officer, the charge is a first-degree felony.

It is also important to note that a felony DUI charge can be filed alongside other offenses, such as reckless driving or possession of a controlled substance. A knowledgeable felony DUI attorney in Manatee County will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Additional Penalties

  • Probation: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions.
  • License Suspension: Your driver's license will be suspended for a mandatory minimum of one year and can be suspended for up to a permanent revocation, depending on the number of prior convictions and the circumstances of the offense. When you are able to drive again, you will be required to install an ignition interlock device (IID) on your vehicle.
  • Mandatory Programs: The court will order you to attend a DUI school for a period of up to 30 months.

Collateral Consequences

A criminal record for a felony DUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The Florida Criminal Defense Process for Felony DUI Charges

The legal process following a felony DUI arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner. 

We are an aggressive felony DUI attorney in Manatee County who understands the intricacies of the Florida legal system.

  1. Investigation and Arrest: The process begins with a traffic stop where the officer looks for signs of impairment. Remember, you have the right to remain silent and, in some cases, the right to refuse certain tests.
  2. The DMV Administrative Hearing: A DUI charge triggers two separate cases. You have a critical 10-day deadline to request a hearing with the DHSMV to challenge the automatic suspension of your driver's license.
  3. Arraignment and Preliminary Hearing: A felony DUI charge will be filed in circuit court, and a preliminary hearing will be held to determine if there is enough probable cause to send your case to trial. This is a critical opportunity for us to cross-examine police officers and witnesses and to challenge the state's evidence early in the process.
  4. Discovery: We review all of the prosecution's evidence, such as police reports and dashcam footage, to find any weaknesses or inconsistencies.
  5. Pre-Trial Motions and Plea Negotiations: We review all of the prosecution's evidence, such as police reports and dashcam footage, and file pre-trial motions to challenge the evidence.
  6. Trial and Sentencing: If you are convicted, we will present mitigating evidence and arguments during sentencing to seek the most lenient sentence possible.

Contact Us for Professional DUI Defense

Don't face a felony DUI charge alone. Reach out to McIntosh Law today to discuss your case. By contacting us, you’ll gain immediate access to a team of dedicated attorneys ready to advocate for your rights. Allow us to alleviate your stress by guiding you through the legal process with professionalism and empathy.

Call (941) 299-0701 or reach out online for a flexible consultation tailored to your schedule. 

Building a Strategic Defense Against Felony DUI Charges in Manatee County

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. 

As a seasoned Manatee County felony DUI lawyer, we will leverage every possible defense, including:

  • Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
  • Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
  • Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
  • Disputing Causation: In a felony DUI case, we can argue that your driving was not the direct cause of the injuries, or that the injuries were not as severe as the prosecution claims.
  • Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
  • Challenging Prior Convictions: The state must prove that your prior convictions are valid. If we can challenge the validity of a prior conviction, it may prevent the enhancement of your current charge.

Frequently Asked Questions

How does the legal process differ for a felony DUI?

Felony DUI cases are handled in circuit court rather than county court and involve more complex procedures. The process includes arrest, bail, arraignment, pre-trial motions, and possible plea negotiations. Because the stakes are higher, having an attorney skilled in circuit court defense and negotiation is essential.

What challenges come with fighting a felony DUI charge?

Felony DUI cases are complicated by strict statutes, serious penalties, and lasting personal consequences. They can affect careers, relationships, and mental health in addition to legal outcomes. Our attorneys work to manage both the legal and personal challenges, building a defense that supports your long-term well-being.

What can I expect from McIntosh Law during my case?

You can expect personalized support from start to finish. We keep you informed, involve you in decisions, and use every available resource to protect your rights. Our team also connects clients with support services to address challenges outside the courtroom, ensuring a defense that considers your whole life, not just the charges.

Can a felony DUI ever be reduced to a misdemeanor?

Yes, in some cases. If evidence is weak, procedures were flawed, or mitigating factors exist, charges may be reduced. Our attorneys evaluate every detail to push for reduced penalties or dismissal when possible.

Why Choose McIntosh Law as Your Felony Drunk Driving Attorney in Manatee County

Our clients choose us for our client-centered approach and the assurance that comes with our long-standing presence in Manatee and Sarasota counties since 1993. We prioritize your needs by offering flexible consultation times, virtual meetings, and bilingual support, making legal assistance accessible and straightforward.

At McIntosh Law, we leverage our team-oriented method to offer a unique advantage. By combining the insights and backgrounds of multiple attorneys and paralegals, we ensure no stone is left unturned in your defense. This collective approach means that our strategies benefit from multiple perspectives, enhancing creativity and depth, which often results in innovative solutions that a single-attorney model might overlook.

Furthermore, our relational approach to law sets us apart. We don't just view you as another case; we see you as an individual with a story and a future worth defending. Our communication lines are always open, and we are committed to providing timely updates and clarifications when needed. This transparency reduces the stress associated with legal proceedings, allowing you to focus on your personal recovery and life beyond the case. 

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