Felony DUI Defense Lawyer
Daytona Beach Felony DUI Attorney
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
Most people think of DUI as a misdemeanor offense.
In many cases, that is true.
However, certain DUI charges can be prosecuted as felonies in Florida.
A felony DUI conviction can result in:
- State prison
- Significant fines
- Long-term driver’s license consequences
- Probation
- Permanent felony record
- Loss of civil rights
- Employment consequences
For many individuals, a felony DUI charge represents the most serious criminal allegation they have ever faced.
The consequences can be life-changing.
Fortunately, an arrest is not a conviction.
The State must still prove every element of the offense beyond a reasonable doubt.
At the Law Offices of Patrick J. McGeehan, P.A., we represent individuals charged with Felony DUI 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’ futures.
What Is A Felony DUI?
A DUI can become a felony under several circumstances.
Common examples include:
- Multiple prior DUI convictions
- DUI Serious Bodily Injury
- DUI Manslaughter
- Certain repeat-offender situations
The exact nature of the charge depends upon the allegations and the individual’s prior history.
Why Felony DUI Charges Are Different
The difference between a misdemeanor DUI and a felony DUI is significant.
Felony cases involve:
- Greater penalties
- More complex litigation
- Enhanced sentencing exposure
- Greater long-term consequences
In many situations, the defense must address not only the DUI allegation itself but also issues involving prior convictions and sentencing enhancements.
Multiple DUI Convictions
One of the most common ways a DUI becomes a felony involves prior DUI convictions.
The State may seek felony treatment based upon an individual’s DUI history.
Questions often arise regarding:
- Prior convictions
- Out-of-state convictions
- Validity of prior offenses
- Sentencing enhancements
A careful review of prior records is frequently necessary.
Related Page:
Multiple DUI Offenses
DUI Serious Bodily Injury
A DUI may be charged as a felony when the State alleges that impaired driving caused serious bodily injury.
These cases often involve:
- Accident reconstruction
- Medical evidence
- Blood testing
- Toxicology evidence
The penalties can be substantial.
Related Page:
DUI Serious Bodily Injury
DUI Manslaughter
Among the most serious felony DUI charges is DUI Manslaughter.
These cases involve allegations that impaired driving caused the death of another person.
DUI Manslaughter prosecutions often resemble homicide investigations.
Related Page:
DUI Manslaughter
A Felony DUI Is Often More Than A DUI Case
Many felony DUI prosecutions involve additional areas of investigation.
Examples include:
- Accident reconstruction
- Blood testing
- Medical evidence
- Witness testimony
- Electronic evidence
- Toxicology
The defense frequently requires analysis extending far beyond traditional DUI issues.
Prior Convictions Matter
When felony treatment is based upon prior DUI convictions, the prior convictions often become important.
Questions may include:
- Were the prior convictions valid?
- Can the prior convictions be proven?
- Were constitutional rights violated?
- Are the records accurate?
The prosecution still bears the burden of proving the allegations.
Blood Test Evidence In Felony DUI Cases
Many felony DUI prosecutions involve blood testing.
Questions frequently arise regarding:
- Collection procedures
- Chain of custody
- Laboratory analysis
- Search warrants
- Constitutional protections
Because the consequences are severe, blood evidence should be carefully scrutinized.
Related Page:
Blood Test DUI Cases
Breath Test Evidence In Felony DUI Cases
Not every felony DUI case involves blood testing.
Some rely heavily upon breath test evidence.
Potential issues may include:
- Calibration
- Maintenance
- Observation periods
- Operator qualifications
- Medical conditions
Breath testing evidence should never be accepted without careful review.
Related Page:
Breath Test Defense
Accident Reconstruction And Felony DUI Cases
When injuries or fatalities are alleged, accident reconstruction frequently becomes critical.
Important questions often include:
- Who caused the crash?
- Was the collision avoidable?
- What were the vehicle speeds?
- Did another driver contribute?
The existence of alcohol alone does not automatically establish causation.
Related Page:
Accident Reconstruction Lawyer
Common Defenses To Felony DUI Charges
Every case is different.
Potential defenses may include:
Illegal Traffic Stop
The officer may have lacked a lawful basis for the stop.
Lack Of Probable Cause
An arrest requires probable cause.
Faulty Breath Testing
Equipment and procedural issues may exist.
Blood Testing Issues
Collection, preservation, and testing procedures may be challenged.
Lack Of Impairment
The State may be unable to prove impairment beyond a reasonable doubt.
Causation Issues
Particularly in injury and fatality cases, causation often becomes a central issue.
Prior Conviction Challenges
Questions regarding prior convictions may affect felony treatment.
Constitutional Violations
Searches, seizures, warrants, and interrogations frequently present legal issues.
Potential Consequences Of A Felony DUI Conviction
The consequences depend upon the specific charge and circumstances.
Potential penalties may include:
Prison
Felony DUI convictions may carry significant prison exposure.
Probation
Lengthy probationary supervision may be imposed.
Driver’s License Consequences
Driving privileges may be suspended or revoked.
Financial Consequences
Fines, costs, and other financial obligations may be substantial.
Permanent Felony Record
A felony conviction can affect:
- Employment
- Housing
- Professional licensing
- Educational opportunities
The consequences often extend far beyond the courtroom.
Why Early Intervention Matters
Felony DUI cases often involve extensive evidence.
Important materials may include:
- Video recordings
- Toxicology reports
- Witness statements
- Accident reconstruction evidence
- Medical records
Early investigation may identify defenses and preserve important evidence.
Frequently Asked Questions
Is Every DUI A Felony?
No.
Many DUI offenses are misdemeanors.
However, certain circumstances may result in felony charges.
Can I Go To Prison For Felony DUI?
Yes.
Prison is a potential consequence in many felony DUI cases.
What If I Have Prior DUI Convictions?
Prior convictions frequently become important in determining whether felony treatment applies.
Can A Felony DUI Be Reduced Or Dismissed?
Some felony DUI cases are reduced, dismissed, or successfully challenged.
Every case depends upon its specific facts and evidence.
What If Someone Was Injured?
Cases involving injuries often require analysis of causation, accident reconstruction, and medical evidence.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have investigated serious crashes and fatalities before becoming lawyers.
Patrick’s background includes:
- Former DUI Investigator
- Retired Traffic Homicide Investigator
- Accident Reconstructionist
- Police Instructor
- Retired Homicide Detective
- Trial Attorney
Most attorneys learn serious DUI investigations from experts they hire.
Patrick conducted those investigations himself.
That experience provides valuable insight when defending felony DUI cases.
A Career Dedicated To Investigating Serious Cases
Every felony DUI case raises important questions.
Was the stop lawful?
Was the testing reliable?
Who caused the crash?
Can the State prove its allegations?
Patrick has spent decades investigating those questions.
As a police officer, DUI investigator, traffic homicide investigator, accident reconstructionist, 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 can threaten your freedom, your driver’s license, your career, and your future.
Do not assume the State’s conclusions are correct.
Do not assume the evidence is 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