Polk County Felony DUI Lawyer

Experienced Legal Advocacy When You Need It the Most

Florida law is far from lenient when it comes to impaired driving charges. Law enforcement officers will make an immediate arrest, and the defendant will face life-altering potential penalties if the prosecution convicts them. However, things can get much worse when a Polk County DUI gets charged as a felony offense. Whether alleged drugged or drunk driving occurred, a conviction for such charges can lead to serious prison time and other significant burdens. That’s why it’s critical for you to contact a felony DUI attorney in Polk County for assistance.

At The Law Firm of Gil Colón, Jr., our criminal defense law firm has seen how felony convictions can destroy lives. The biggest problem for a standard DUI is typically the loss of a person’s driver’s license. However, consequences are much more severe in felonious cases. In certain instances, a person could face up to 30 years in prison for a felony DUI conviction. No DUI case is minor, but once felony charges get thrown around, it’s time to prepare for a fight. A Polk County DUI attorney at our law firm is ready to help, so contact us today for a free consultation.

When Can DUI Charges Qualify as Felonies?

When people get arrested for impaired driving in Polk County, Florida, they’ll typically only face misdemeanor charges and penalties. This is nearly always the case for a first or second DUI conviction. However, certain circumstances can elevate these charges, and this means far more severe penalties. If you’re arrested while allegedly driving above the legal limit or under the influence of drugs, prosecutors may seek a felony conviction in the following situations:

Third DUI Within 10 Years

When a third DUI conviction occurs within 10 years, the defendant can face third-degree felony penalties. The state attorney can seek up to a 5-year prison sentence and $5,000 in fines. The defendant will also face a 10-year license revocation, a mandatory 30-day jail sentence, and the installation of an Ignition Interlock Device (IID). DUI school and probation will also be mandatory.

Fourth DUI in Any Time Frame

A fourth or subsequent offense of DUI will always be a felony DUI. There are no time constraints on this. For a fourth DUI and all future offenses, a person can face third-degree felony charges and up to five years in prison. This will also result in a permanent mandatory license revocation and required DUI classes and treatment.

DUI With Serious Bodily Injury

When a DUI in Polk County results in serious bodily injury, the accused individual can face third-degree felony charges. Potential outcomes can include enhanced penalties if previous convictions occurred along with other aggravating circumstances, but a standard conviction typically results in up to five years in prison, $5,000 in fines, at least a 3-year license revocation, and possible restitution to the alleged victim.

DUI Manslaughter

The most serious felonies involving impaired driving occur when someone dies. Securing legal representation in these instances is an absolute necessity. While the Public Defender’s Office could assign an attorney, you could face up to 15 years in prison. This increases to 30 years if you’re accused of fleeing the scene. You should not trust an overworked and underpaid public servant to handle such serious felonies. Contact our law firm today so we can help.

What Are the Penalties for a Felony DUI Conviction?

When someone gets accused of operating a motor vehicle under the influence, they could face jail time even for a first offense under Florida law. When combined with a license suspension, fines, and potential probation, a conviction is clearly serious, even when charges get filed as misdemeanors. If the state accuses a person of a third- or second-degree felony — or even a first-degree felony, if someone allegedly fled after causing the death of another individual — the penalties they face could be far more severe.

Such penalties include:

• Third-degree felony charges: Up to five years in prison and $5,000 in fines. There are mandatory minimum incarceration terms, and license revocation will occur
• Second-degree felony: Mandatory minimum prison sentences start at four years. Those convicted could face up to 15 years in prison and $10,000 in fines — along with a lifetime driver’s license revocation
• First-degree felony: In addition to lifetime license revocation, a person convicted of first-degree felony DUI can face up to 30 years in prison. This is in addition to extreme fines and possible victim restitution

The potential repercussions of a felony DUI conviction are incredibly serious in Florida. Someone who makes a simple mistake could end up with consequences worse than those faced by individuals convicted of drug trafficking or homicide. At The Law Firm of Gil Colón, Jr., we don’t care what the police reports say. We don’t care what your alleged blood alcohol level was, and we don’t care how committed the prosecutor is to convicting you. What we care about is securing the best possible outcome for our clients.

Contact our Polk County felony DUI lawyers today. We’re here to fight on your behalf.

How Can Aggravating Circumstances Make Things Worse?

For a DUI third conviction or other circumstances leading to felony charges, there is typically a wide range of potential penalties. Upon a conviction, the court will decide where a person’s punishment should fall on that spectrum. Defendants often agree to plea deals in the hopes of ending on the lower end of sentencing guidelines. However, aggravating factors typically result in higher penalties handed down by the court. Such factors include:

• High BAC level (0.15% or higher)
• Driving with a child in the vehicle
• Excessive speeding or reckless driving
• Causing multiple injuries
• Fleeing the scene
• Prior convictions

Before worrying about enhanced penalties, you should focus more on avoiding conviction. Our felony DUI attorneys in Polk County will fight to make this a reality. You deserve an aggressive legal defense, and that’s what we offer. You don’t have to face these challenges alone. We’ll review your case and help you decide how to move forward. Contact us today to schedule your free consultation.

What Legal Defense Strategies Are Available for Felony DUI Charges?

No one wants to end up in the Florida Department of Corrections, but those convicted of felony DUI will find it very hard to avoid such a result. This is particularly true if they decide to navigate the legal process on their own or with the help of a court-appointed attorney. Florida DUI law is extreme, and this is a good thing in many ways. Unfortunately, such strict statutes also frequently result in unjust outcomes — with even innocent individuals facing incarceration. Fortunately, various legal defense strategies can minimize or eliminate potential penalties.

Such defenses include:

• A faulty or uncalibrated device used for the breath test
• Illegal traffic stop
• Medical conditions or medications causing false BAC readings
• Lack of probable cause for arrest
• Involuntary intoxication
• Mishandling of blood test evidence or other chemical test
• Lack of evidence for serious bodily harm
• Constitutional violations
• Procedural errors

Put simply, there’s no shortage of legal defense strategies that can help avoid a felony DUI conviction. Such defenses could result in dismissed charges or verdicts of not guilty at trial. When it’s not completely possible to avoid a conviction, your Polk County felony DUI lawyer may be able to have charges reduced (e.g., DUI reduced to reckless driving). However, every case is different — and the best approach will depend entirely upon the circumstances of your case.

At The Law Firm of Gil Colón, Jr., we’ll review these circumstances and help you decide the best path forward. Whether the best move is to accept a plea bargain or fight the charges at trial, we’ll be completely transparent with you and fight for a favorable outcome. Contact us today for a free initial consultation.

Contact a Felony DUI Attorney in Polk County Today

Whether you’re facing felony charges due to repeat offenses or aggravating circumstances, the potential consequences of a conviction should not be underscored. Prosecutors will often seek the maximum sentence possible, and when it comes to felony DUI charges, this could land a person in prison for several decades. However, it’s important to remember that most criminal cases are not “open and shut” — regardless of what prosecutors or police officers might tell you. You have the right to due process, and an experienced DUI lawyer may be able to assist.

At The Law Firm of Gil Colón, Jr., we know what can happen when the Polk County Sheriff’s Office comes after someone for a felony. They’ll do everything in their power to establish guilt, and the government will assume your guilt by the time the State Attorney’s Office gets the case. Fortunately, a dedicated legal team can fight this assumption and potentially have charges thrown out. No matter the circumstances of your case, our law office will fight diligently to secure a favorable outcome on your behalf. Contact us at (863) 622-9602 to schedule your free consultation today.