Felony DUI Attorneys in Jacksonville

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A DUI charge is always serious, but when it is elevated to a felony, the stakes change completely. In Florida, a felony conviction doesn’t just mean higher fines—it means the very real possibility of years in state prison, the permanent loss of certain civil rights, and a criminal record that follows you for life.

At Owenby Law, P.A., we understand that good people often find themselves in difficult situations. If you have been arrested for a felony DUI in Jacksonville, Duval County, or the surrounding areas, you need an attorney who knows the local court systems and the aggressive tactics used by Florida prosecutors. Our goal is simple: to provide a sophisticated, relentless defense to protect your freedom and your future.

Send us a message or call (904) 770-3141 to schedule a free initial case evaluation. Get 20+ years of experience on your side!

What is a Felony DUI?

In Florida, most first and second DUI offenses are classified as misdemeanors. However, certain "aggravating factors" can escalate a DUI to a felony under Florida Statute § 316.193. A felony DUI is a much more severe criminal classification that moves your case from County Court to Circuit Court.

A DUI becomes a felony in Jacksonville based on two factors: your prior driving record or the seriousness of the harm caused during the incident. Unlike a misdemeanor, a felony conviction results in the loss of your right to vote, your right to possess a firearm, and can disqualify you from many professional licenses and employment opportunities.

Common Types of Felony DUI in Florida

There are several ways a standard DUI can be elevated to a felony charge in Jacksonville. The most common types we see at Owenby Law, P.A. include:

Third DUI Within 10 Years

If you are arrested for your third DUI and your second conviction occurred within the last 10 years, the state can charge you with a third-degree felony. This is true even if the prior DUIs happened in another state.

Fourth or Subsequent DUI

Regardless of how much time has passed between offenses, a fourth DUI in Florida is automatically charged as a third-degree felony. Florida law has no "look-back" limit for a fourth offense; it is a permanent mark on your record that triggers felony status.

DUI Resulting in Serious Bodily Injury

If you are involved in an accident while impaired and another person—whether a passenger in your car, a driver in another vehicle, or a pedestrian—suffers "serious bodily injury," you will face a third-degree felony charge. Florida defines serious bodily injury as a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of any bodily member or organ.

DUI Manslaughter

The most serious DUI charge in Florida is DUI Manslaughter. This occurs when an impaired driver causes or contributes to the death of another person or an unborn child. This is a second-degree felony, and under Florida's sentencing guidelines, it carries a mandatory minimum prison sentence.

Penalties for Felony DUI

The penalties for a felony DUI conviction in Jacksonville are among the harshest in the country. Depending on the specific charge, you may face:

Additional mandatory penalties often include:

• Permanent Driver’s License Revocation: Especially for 4th offenses or DUI Manslaughter.
• Vehicle Impoundment: Often for 90 days.
• Ignition Interlock Device (IID): Mandatory installation for at least 2 years upon license reinstatement.
• Level 2 DUI School: Extensive substance abuse treatment and evaluation.

Defenses to Felony DUI Charges

At Owenby Law, P.A., we evaluate every detail of your case to build a strong and strategic defense. Common defenses to felony DUI charges include:

• Unlawful traffic stop: If law enforcement lacked reasonable suspicion to stop you, evidence may be suppressed.
• Improper field sobriety tests: These tests are subjective and often improperly administered.
• Inaccurate breath or blood testing: Equipment errors or mishandling of samples can lead to unreliable results.
• Violation of constitutional rights: Failure to read Miranda rights or unlawful search and seizure can weaken the prosecution’s case.
• Causation challenges: In injury or death cases, we may argue that factors other than impairment caused the accident.
• Rising blood alcohol content: Alcohol levels may have increased after driving, not at the time of driving.

Every case is different, which is why early intervention from our Jacksonville felony DUI lawyer can make a significant difference in the outcome.

Felony DUI FAQs

Is a felony DUI a state or federal crime?

Felony DUI is typically prosecuted under Florida state law, not federal law, unless it involves federal jurisdiction or property.

Can a felony DUI be reduced to a misdemeanor?

In some cases, yes. Depending on the facts, prior record, and evidence, a skilled attorney may negotiate reduced charges or alternative sentencing.

Will I go to prison for a felony DUI?

Prison is a possibility, especially in cases involving injury, death, or multiple prior convictions. However, outcomes vary depending on case specifics and defense strategy.

How long does a felony DUI stay on my record?

In Florida, DUI convictions generally remain on your criminal record permanently and cannot be expunged if they result in a conviction.

How long do I have to save my driver's license?

In Florida, you only have 10 days from the date of your arrest to request a formal review hearing with the DMV. If you miss this window, your license may be automatically suspended.

What if my prior DUIs were in another state?

Florida honors out-of-state convictions. If the out-of-state law is "substantially similar" to Florida’s DUI law, the prosecutor can use those priors to elevate your current Jacksonville charge to a felony.

Do I need a lawyer for a felony DUI?

Yes. A felony DUI is a serious criminal charge that can permanently affect your life. You should contact a Jacksonville felony DUI lawyer immediately.

Free Initial Consultations Available 24/7

If there is any possibility that you could be charged with felony DUI, you need a top legal team on your side. Owenby Law, P.A. can provide you with the legal knowledge and experience that is necessary to take on your case. We understand the stakes of your situation and are prepared to represent you in the face of these serious allegations.

To schedule a free initial consultation with our Jacksonville DUI lawyers, complete our contact form or call (904) 770-3141.