Florida Felony DUI Defense

By Christian Van Riper, Florida Criminal Defense Lawyer & Former DUI Prosecutor

At Van Riper & Nies Attorneys, our Florida Felony DUI Defense practice represents clients throughout St. Lucie County, Martin County, Palm Beach County, and Broward County from our law offices in Stuart, West Palm Beach, Delray Beach, Boca Raton, and Deerfield Beach. Felony DUI charges carry some of the most serious consequences under Florida law, including state prison exposure, long-term license revocation, and a permanent felony record.

As a former DUI prosecutor and seasoned criminal defense and appellate attorney, I rely on years of experience to challenge the DUI prosecutor’s evidence, protect clients’ rights, and strategically defend felony DUI cases across South Florida.

Understanding Florida Felony DUI Defense

Florida’s felony DUI laws are found under Florida Statutes § 316.193. While many DUIs begin as misdemeanors, certain aggravating factors elevate a DUI to a felony offense. Understanding these categories is central to effective Florida Felony DUI Defense.

Types of Felony DUI in Florida

1. DUI With Serious Bodily Injury – Third-Degree Felony

Under § 316.193(3)(c)2, causing “serious bodily injury” while driving impaired is a third-degree felony punishable by up to 5 years in prison.

2. DUI Manslaughter – Second- or First-Degree Felony

Under § 316.193(3)(c)3, DUI manslaughter carries up to 15 years in prison, with a 4-year mandatory minimum. Leaving the scene can escalate the charge to a first-degree felony, carrying up to 30 years.

3. Third DUI Within 10 Years – Felony

A third DUI within ten years of a prior is a felony with mandatory jail time, a 10-year license revocation, and up to 5 years in prison.

4. Fourth or Subsequent DUI – Automatic Felony

A fourth DUI is always a felony, regardless of timing, and triggers permanent license revocation under § 322.28 of the Florida Statutes.

5. Driving While HTO (Habitual Traffic Offender)

Under § 322.34(5), driving after HTO revocation is a third-degree felony often associated with DUI histories.

Key Defenses in Florida Felony DUI Defense

My defense strategy begins with a forensic review of the evidence — video, breath-test records, crash reconstruction, and officer conduct. Common defenses include:

• Illegal traffic stop or unlawful detention
• Disputing field sobriety test reliability
• Breath-test or blood-test challenges (protocol failures, contamination, equipment issues)
• Accident reconstruction inconsistencies
• Improperly proven prior convictions
• Constitutional violations (Miranda, unreasonable search/seizure, unlawful blood draws)

How My Experience Strengthens Our Florida Felony DUI Defense Practice

As a former DUI prosecutor, I know the strategies used by the DUI prosecutor, including what evidence they rely on, where cases tend to fail, and what legally can move a case from “filed as a felony” to “reduced” or even dismissed.

My experience as a criminal appellate attorney sharpens my ability to identify constitutional issues, procedural flaws, and evidentiary weaknesses that can fundamentally change the outcome of a felony DUI case.

Clients also appreciate that I am a highly accessible DUI defense attorney. Felony DUI charges are stressful, and I make it a priority to keep my clients fully informed and reachable at every step. All my clients have my personal cellular number to reach me day or night.

Veteran-Owned Law Firm – DUI Fee Discount for Veterans

Van Riper & Nies Attorneys is a veteran-owned Florida law firm. My partner, Tim Nies, served with the U.S. Army Rangers (3rd Ranger Battalion). We proudly offer a military veteran discount for all DUI cases, felony or misdemeanor, in recognition of their service.

Florida Felony DUI Defense Across the Treasure Coast & Palm Beach

Our firm provides Florida Felony DUI Defense representation across:

• St. Lucie County
• Martin County
• Palm Beach County
• Broward County

With offices in West Palm Beach, Stuart, Delray Beach, Boca Raton, and Deerfield Beach, we represent clients throughout South Florida charged with DUI, including serious felony DUI allegations.

Contact Us for Florida Felony DUI Defense

A felony DUI accusation does not equal a conviction. With early intervention and a strategic defense, outcomes may be improved dramatically.

Contact Van Riper & Nies Attorneys today for a confidential consultation at the numbers below of by clicking here to send a message.

Our South Florida & Treasure Coast Law Offices