Clearwater Felony DUI Defense Attorney

Protecting Your Rights Against Felony DUI Charges in Clearwater

A DUI arrest in Clearwater can have severe consequences, but when a DUI offense is classified as a felony, the penalties become even more serious. If you are facing felony charges for driving under the influence, you could be looking at license suspensions, extensive jail time, and a permanent criminal record.

At Hersem Law, our Clearwater DUI attorney is dedicated to providing a strong DUI defense for individuals accused of serious offenses. We understand how the court system works in Pinellas County, and we work tirelessly to build a defense that could get your charges dropped or reduced. If you are facing a third DUI, a DUI conviction with injuries, or other felony-level charges, contact our experienced defense team today.

When Does a DUI Become a Felony in Florida?

Under Florida law, a DUI is typically charged as a misdemeanor, but certain circumstances can elevate it to a felony offense. These include:

A third DUI within ten years of a prior conviction
A DUI that results in serious bodily injury or death
A fourth DUI, regardless of how long ago previous convictions occurred

Felony DUI charges carry much harsher penalties than a misdemeanor conviction, including longer jail sentences and stricter license suspensions.

Penalties for a Felony DUI Conviction

A felony DUI in Florida can lead to severe consequences, including:

A third-degree felony charge, punishable by up to five years in prison
Fines ranging from $2,000 to $5,000
Lengthy driver’s license suspensions
Mandatory installation of an ignition interlock device
Required community service and DUI school
Increased penalties for a subsequent offense

If convicted, you may also face long-term difficulties, including higher insurance rates, loss of employment opportunities, and restrictions on certain professional licenses.

How a Clearwater DUI Lawyer Can Defend Your Case

Our Clearwater DUI lawyers use a strategic approach to challenge the prosecution’s case. Some common defense strategies include:

Questioning the validity of field sobriety tests and breath alcohol level results
Challenging whether law enforcement had probable cause for the traffic stop
Identifying errors in the DUI investigation process
Presenting reasonable doubt regarding blood alcohol concentration levels

In some cases, we may be able to negotiate for reduced charges, such as reckless driving, which carries fewer penalties than a felony DUI conviction.

The DUI Court Process in Clearwater

After a DUI arrest, your case will move through the legal system. Here’s what to expect:

Initial Arrest and Booking – Law enforcement will conduct field sobriety tests and request a breath sample or blood sample.
Administrative License Suspension – You have ten days to request a hearing to challenge the suspension of your driving privileges.
Arraignment and Pre-Trial Motions – Your attorney will review the evidence and may file motions to suppress unlawfully obtained evidence.
Court Hearings and Trial – If a plea deal is not reached, your case may proceed to trial, where the prosecution must prove guilt beyond a reasonable doubt.

Having a skilled defense lawyer on your side can significantly improve your chances of a favorable outcome.

How a Felony DUI Conviction Affects Your Future

A felony DUI can have life-changing consequences. In addition to criminal penalties, you may also face:

Loss of employment, especially if you have a job that requires driving
Higher car insurance premiums or difficulty obtaining coverage
Ineligibility for certain professional licenses
Immigration consequences for non-citizens
Permanent mark on your criminal history record

By working with an experienced criminal defense attorney, you may be able to avoid the maximum penalty and protect your future.

Schedule a Free Consultation Today

If you have been charged with felony DUI in Clearwater or the Tampa Bay area, don’t wait to seek legal help. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule a free consultation. You can also reach us through our contact page. Let us help you explore your legal options and fight for the best possible outcome.

FAQs About Felony DUI in Clearwater

1. What is the difference between a misdemeanor and a felony DUI?
A misdemeanor DUI typically applies to first and second offenses without serious injury. A felony DUI involves a third DUI within ten years, a DUI causing serious bodily injury, or a fourth DUI offense.

2. How long will my driver’s license be suspended for a felony DUI?
License suspensions for felony DUI cases can range from five years to permanent revocation, depending on the number of prior convictions.

3. Can I get my DUI charges reduced?
In some cases, a DUI attorney can negotiate reduced charges, such as reckless driving, which carries lesser penalties than a felony conviction.

4. What are my options if I need to drive for work?
You may be eligible for a hardship license after completing certain court-ordered requirements.

5. How does a DUI conviction affect my criminal record?
A DUI conviction remains on your record permanently and can impact future employment, housing, and professional opportunities.