Coral Gables Fourth-Time DUI Lawyers: Defending Repeat Offenders Against Felony Charges
Being arrested for driving under the influence (DUI) can be a scary and overwhelming experience. Many people charged with DUI make poor decisions that they deeply regret. While a first-time DUI may be a misdemeanor in Florida, repeat offenses come with increasingly serious penalties—and a fourth DUI charge is always a felony.
If you or a loved one is facing a fourth DUI charge in Coral Gables, it is critical to understand the legal implications and work with an experienced DUI defense attorney. Felony DUIs lead to heavy fines, years in prison, and lifelong consequences impacting your career, finances and reputation. An aggressive lawyer can analyze the details of your case, build a strong defense, and fight to protect your rights and future.
Overview of Florida’s DUI Laws
Florida has some of the toughest DUI laws in the country. A first offense carries up to 6 months in jail, fines up to $1,000, and a 6-12 month driver’s license suspension. Penalties get progressively worse for repeat offenders:
- 2nd Offense: Up to 9 months in jail, fines up to $2,000, 5-year license suspension
- 3rd Offense: Up to 12 months in jail, fines up to $5,000, 10-year license suspension
- 4th Offense: Felony charge punishable by up to 5 years in prison, fines up to $5,000, permanent license revocation
A fourth DUI charge in Florida is always prosecuted as a third-degree felony under Florida statute 316.193(2)(b)1. Defendants face between 1-5 years in state prison if convicted. They will also receive a permanent driver’s license revocation requiring a Breath Alcohol Ignition Interlock Device (BAIID) for life if their license is reinstated.
Fighting the DUI Charges
For a fourth DUI charge to stick, the prosecution must prove you were driving under the influence of alcohol or drugs. A skilled lawyer will require they prove this “beyond a reasonable doubt” by attacking the validity of their evidence.
They may dispute the accuracy of your BAC results by:
- Challenging the maintenance and calibration records of the breathalyzer machine
- Arguing the 2-hour time limit between driving and testing was exceeded
- Pointing out any improper techniques by the officer administering the test
Additionally, many medical conditions like diabetes or acid reflux can create false high BAC readings. Your lawyer can request an expert review for errors.
If there was an accident, the prosecution must prove your intoxication directly caused the crash. Your attorney can argue other factors like weather, mechanical failure, or another driver’s actions caused the collision instead.
Using Prior Convictions Against You
The prosecution will bring up your previous DUIs to establish a pattern of behavior. However, if any prior DUI charges were improperly handled, your lawyer can argue they should not be admissible. For example, if you weren’t read your rights or didn’t have an attorney present during questioning for an old DUI, your lawyer may get those charges excluded from the current case.
Alternative Defenses
Some defendants may qualify for alternative DUI defenses, such as:
- Involuntary intoxication: You unknowingly ingested alcohol or drugs against your will. For example, someone spiked your drink without consent.
- Substance abuse disorder: Florida law states addiction can be a mitigating factor in DUI sentencing if strict criteria are met. An evaluation showing clinical dependence on alcohol or drugs could lead to court-ordered rehab instead of jail time.
- Necessity: You only drove under the influence out of necessity to prevent a greater harm from occurring. For example, you had to rush someone to the ER by driving drunk because no other transportation was available.
Plea Bargains and Reduced Sentencing
Rather than risk a felony conviction at trial, many defendants choose to negotiate a plea bargain through their lawyer. This involves pleading guilty in exchange for reduced charges like reckless driving rather than DUI.
If convicted, your attorney can also argue for mitigating factors to decrease your sentence, like:
- Completing an alcohol education and treatment program
- Having steady employment
- Showing remorse and taking responsibility
- Making restitution to any victims
Judges have wide discretion at sentencing. An experienced lawyer makes a compelling case for leniency to minimize the penalties you face.