Felony DUI

West Palm Beach Felony DUI Lawyer

Experienced Felony DUI Defense in Palm Beach County

If you have been arrested for a DUI and you have a previous DUI conviction within the last 10 years, you may be facing a felony DUI charge. This is true even if the second DUI was not a criminal offense, such as a reckless driving or speeding DUI. If you have been charged with a felony DUI, you need an attorney who is experienced in defending DUI cases. At The Skier Law Firm, our West Palm Beach criminal defense attorneys have years of combined experience and have obtained outstanding results for our clients.


Call (561) 820-1508 or contact us online today to learn how we can help you.


What Is a Felony DUI in Florida?

Under Florida law, a DUI offense is considered a felony if the driver has two prior DUI convictions within 10 years of the current offense. A third DUI within 10 years is also considered a felony, even if it is the first two that were criminal offenses and the third is a reckless driving or speeding-based DUI.

A felony DUI conviction can result in harsh penalties that can affect your life for years to come. You may be facing up to $10,000 in fines, up to 10 years in prison, and up to 15 years of license revocation, depending on the circumstances of your case.

Can I Be Charged With Felony DUI Without a Passenger Under 16?

A driver may be charged with a felony DUI without a passenger under 16 in the vehicle if they have two prior DUI convictions within the last 10 years. The driver may also be charged with a felony DUI without a passenger under 16 if they were operating a vehicle while under the influence of drugs or alcohol.

What Are the Penalties for a DUI with a Passenger Under 16?

The penalties for a felony DUI with a passenger under 16 may include up to $10,000 in fines, up to 10 years in prison, and up to 15 years of license revocation. The penalties may also include an ignition interlock device for up to 5 years.

What Are the Penalties for a DUI with a Passenger Under 16 and a Prior Felony DUI?

If the driver has two prior DUI convictions within the last 10 years and a passenger under 16 in the vehicle, the driver may be charged with a felony DUI. The driver may also be charged with a felony DUI if they were operating a vehicle while under the influence of drugs or alcohol and there was a passenger under 16 in the vehicle.

The penalties for a felony DUI with a passenger under 16 and a prior felony DUI may include up to $10,000 in fines, up to 15 years in prison, and up to 15 years of license revocation. The penalties may also include an ignition interlock device for up to 5 years.

How Is a Felony DUI Charge Proven in Florida?

To convict a driver of a felony DUI, the prosecution must prove that the driver was operating a vehicle and that they were under the influence of alcohol, drugs, or a combination of the two. The prosecution must also prove that the driver was impaired while operating the vehicle. In some cases, the prosecution may be able to use a blood test to prove that the driver was impaired by drugs or alcohol.

In addition to the blood or urine test, the prosecution may use the results of a field sobriety test to prove that the driver was impaired. The three most common field sobriety tests are the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. Each of these tests is designed to determine whether the driver is impaired. If the driver fails any of these tests, the officer may arrest the driver for DUI.

The prosecution does not need to prove that the driver was impaired by drugs or alcohol at the exact moment that they were operating the vehicle. It is enough to prove that the driver was impaired at the time of the arrest. The prosecution may prove that the driver was impaired at the time of the arrest by proving that they showed signs of impairment.


If you have been arrested for a felony DUI in West Palm Beach, FL, contact us today at (561) 820-1508.


 

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