Felony DUI With Prior Convictions Defense Lawyer
Daytona Beach Felony DUI Attorney
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
A DUI arrest becomes significantly more serious when prior DUI convictions are involved.
What might otherwise be charged as a misdemeanor can become a felony.
The consequences can be severe.
A felony DUI conviction may expose a person to:
- State prison
- A permanent felony record
- Driver’s license revocation
- Significant fines
- Lengthy probation
- Employment consequences
- Professional licensing consequences
- Loss of certain civil rights
For many individuals, a felony DUI charge based upon prior convictions is the most serious criminal allegation they have ever faced.
However, prior convictions do not automatically guarantee a conviction in a new case.
The State must still prove the current DUI charge.
The State must still prove the prior convictions.
The State must still comply with constitutional requirements.
At the Law Offices of Patrick J. McGeehan, P.A., we represent individuals charged with Felony DUI offenses throughout Daytona Beach, Volusia County, Flagler County, and throughout Central Florida.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and homicide detective.
He understands how DUI investigations are conducted because he participated in them.
Today, he uses that experience to challenge felony DUI allegations and protect his clients’ rights.
When Does A DUI Become A Felony?
Florida law permits felony prosecution under several circumstances.
Common examples include:
- Third DUI within ten years
- Fourth DUI offense
- DUI Serious Bodily Injury
- DUI Manslaughter
Many felony DUI cases are based upon a person’s prior DUI history.
When prior convictions are involved, additional legal issues frequently arise.
Related Pages:
Third DUI Within 10 Years
Fourth DUI Offense
Prior Convictions Often Become The Central Issue
In many felony DUI cases, the prosecution seeks enhanced penalties based upon prior DUI convictions.
Important questions frequently include:
- How many prior convictions exist?
- Are the records accurate?
- Can the State prove identity?
- Do out-of-state convictions qualify?
- Are the convictions legally valid?
These issues often require extensive review.
The State Must Prove Prior Convictions
Many people assume prior convictions automatically apply.
That is not always true.
The prosecution bears the burden of establishing:
- The existence of prior convictions
- The defendant’s identity
- The validity of the records
- The legal basis for enhancement
Mistakes occur more often than many people realize.
Out-Of-State DUI Convictions
Many Florida residents have lived and worked in multiple states.
As a result, prosecutors frequently rely upon out-of-state convictions when seeking felony treatment.
Questions may include:
- Does the out-of-state offense qualify?
- Is the record accurate?
- Can the conviction be properly authenticated?
- Is the offense substantially similar?
The answer is not always obvious.
Prior Convictions May Not Always Mean What The State Claims
Court records can contain errors.
Names can be similar.
Dates can be incorrect.
Documentation can be incomplete.
Because felony exposure often depends upon prior convictions, these issues deserve careful attention.
The New DUI Charge Must Still Be Proven
Even when prior convictions exist, the prosecution must still prove the current DUI offense beyond a reasonable doubt.
The State must establish:
- Driving or actual physical control
- Impairment or unlawful alcohol concentration
- Compliance with constitutional requirements
Prior convictions do not relieve the State of that burden.
Common Evidence In Felony DUI Cases
Felony DUI prosecutions frequently involve:
- Officer observations
- Field sobriety exercises
- Body camera footage
- Dash camera recordings
- Breath testing
- Blood testing
- Witness statements
Every category of evidence should be scrutinized.
Field Sobriety Exercises
Field sobriety exercises often play a major role in felony DUI prosecutions.
These exercises remain subjective.
Performance may be affected by:
- Age
- Medical conditions
- Physical injuries
- Fatigue
- Anxiety
The fact that a person has prior DUI convictions does not make field sobriety exercises more reliable.
Related Page:
Field Sobriety Exercises
Breath Test Evidence
Many felony DUI cases involve breath testing.
Potential issues may include:
- Calibration records
- Maintenance records
- Observation periods
- Operator qualifications
- Medical conditions
Breath testing evidence should always be carefully examined.
Related Page:
Breath Test Defense
Blood Test Evidence
Some felony DUI prosecutions involve blood testing.
These cases frequently present additional issues involving:
- Search warrants
- Consent
- Chain of custody
- Laboratory analysis
- Toxicology evidence
Related Page:
Blood Test DUI Cases
Driver’s License Consequences
One of the most significant concerns in felony DUI cases involves driving privileges.
Potential consequences may include:
- Long-term suspension
- Revocation
- Hardship license issues
- Commercial driver consequences
Protecting driving privileges often becomes an important objective.
Related Page:
DUI License Suspension Defense
Commercial Drivers Facing Felony DUI Charges
For CDL holders, a felony DUI charge can be devastating.
Potential consequences may include:
- Loss of CDL privileges
- Job loss
- Future employment barriers
Commercial drivers should seek legal representation immediately.
Related Page:
Commercial Driver DUI (CDL)
Common Defenses In Felony DUI Cases
Every case is different.
Potential defenses may include:
Illegal Traffic Stop
The officer must have a lawful basis for the stop.
Lack Of Probable Cause
The arrest must be supported by probable cause.
Faulty Field Sobriety Exercises
Environmental and physical factors may affect performance.
Breath Test Problems
Equipment and procedural issues frequently arise.
Blood Test Challenges
Scientific and constitutional issues may exist.
Prior Conviction Challenges
The prosecution may be unable to properly establish prior convictions.
Constitutional Violations
Searches, seizures, warrants, and interrogations must comply with constitutional requirements.
Why Early Investigation Matters
Important evidence often exists immediately after arrest.
Examples include:
- Body camera footage
- Dash camera recordings
- Witness statements
- Breath testing records
- Dispatch communications
Prompt investigation may identify weaknesses in the State’s case and preserve valuable evidence.
Frequently Asked Questions
Is Every DUI With Prior Convictions A Felony?
No.
Whether a DUI becomes a felony depends upon the circumstances and applicable law.
Can Out-Of-State DUI Convictions Count?
Potentially.
The answer depends on several factors and requires careful review.
What If The State Gets My Record Wrong?
Mistakes occur.
The prosecution must properly establish prior convictions.
Can I Go To Prison For Felony DUI?
Yes.
Prison is a potential consequence of many felony DUI convictions.
Can A Felony DUI Be Reduced Or Dismissed?
Some felony DUI cases are successfully challenged, reduced, or resolved favorably.
Every case depends upon the facts and evidence.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have participated in DUI investigations before becoming lawyers.
Patrick’s background includes:
- Former DUI Investigator
- Police Officer
- Police Instructor
- Retired Traffic Homicide Investigator
- Retired Homicide Detective
- Trial Attorney
Most attorneys learn DUI investigations from reports and training materials.
Patrick participated in them.
That experience provides valuable insight when defending felony DUI cases.
A Career Dedicated To Investigating The Facts
Every felony DUI case raises important questions.
Can the State prove the current DUI?
Can the State prove the prior convictions?
Was the investigation lawful?
Was the evidence reliable?
Patrick has spent decades evaluating evidence and asking those questions.
As a police officer, DUI investigator, traffic homicide investigator, homicide detective, and trial attorney, he has devoted his career to uncovering facts and determining the truth.
That same commitment guides every felony DUI defense today.
Contact A Daytona Beach Felony DUI Lawyer
A felony DUI charge based upon prior convictions can threaten your freedom, your driver’s license, your career, and your future.
Do not assume the State’s allegations are correct.
Do not assume the records are accurate.
The facts matter.
The evidence matters.
The defense matters.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach felony DUI lawyer can help protect your rights and your future.
Resources:
Leaving the Scene of an Accident With a Death
Fatal Crash Investigations in Florida