Brevard County Felony DUI Lawyer

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Brevard County Felony DUI Attorney

In the state of Florida, having your driver’s license is critical for mobility. In many cases, without the opportunity to drive, citizens of Brevard County, Florida, would not be able to reach work, take their children to and from school, run errands, pursue their passions, and take vacations. Getting arrested on DUI misdemeanor charges can threaten a Floridian’s ability to drive, upending their life and those of their family members.

If the charges associated with your Brevard County DUI crime are characterized as a felony, this can lead to even more severe consequences than having your driver’s license revoked. Therefore, it’s critical to have a Florida criminal defense attorney who is experienced in working with drunk driving defense cases. That way, you can be informed about your rights and work toward building a strong defense that is personalized to your case.

Misdemeanor vs. Felony DUI Cases in Brevard County, FL

In Brevard County, DUI charges are classified into both misdemeanors and felonies. A misdemeanor DUI offense happens if you are arrested for drunk driving a first, second, or third time. For the highest misdemeanor DUI offense, you can face up to one year in jail and up to $5,000 dollars in fines. In addition to this, you will have a minimum license suspension of 10 years.

DUI felony crimes in Brevard County are even more serious than misdemeanor crimes, and they come with greater associated penalties. In addition, having a felony on your criminal record can impact your reputation and hinder your ability to pursue education, housing, and employment opportunities.

Florida Felony DUI Classification and Associated Penalties

If you are caught drunk driving for a fourth time in Brevard County, FL, then this will automatically be classified as a felony. Additionally, if you are arrested for drunk driving a third time within 10 years of being arrested for your last drunk driving offense, then this will also be classified as a felony.

Regardless of whether you have been arrested previously for a DUI, if you are drunk driving in Florida, and it results in the death or bodily injury of an individual involved in an associated accident, then the charges will be classified as a felony. A felony DUI can have penalties that include having to pay up to $5,000 in fines and spending up to 5 years in jail. You can also have your license permanently revoked.

Common Florida Criminal Defense Strategies Against Felony DUI Charges

In the state of Florida, there are some common defense strategies that can be deployed to fight against certain drunk driving charges that you may be facing. It’s important to remember, however, that the right strategy is specific to each case and the associated details. Some common DUI felony defense tactics are: 

  • Arguing that the evidence against you was obtained illegally. If an officer did not have reasonable suspicion to carry out the traffic stop at which you were arrested, then you may be able to suppress the evidence that they collected, such as a breath test or the results of sobriety exercises.
  • Proving that the breath test that was used was faulty. In many cases, the devices that are used to facilitate breath tests can be faulty or calibrated incorrectly. If your defense can prove that there was a mechanical or chemical failure with the device used to determine your Blood Alcohol Concentration (BAC) levels, then you can get this evidence suppressed.
  • Showing that you were drunk driving out of urgent necessity. If you can prove that you were drunk driving out of necessity, meaning that you were driving someone with an emergency to the hospital or escaping immediate danger due to threats from a hostile individual, then this can be used for a DUI defense.

In addition to these defense strategies, there are other tactics that can be employed, such as showing that an officer deliberately entrapped you into drinking and driving or that you were unknowingly given drugs or alcohol before getting behind the wheel.

An experienced and compassionate felony DUI defense lawyer can:

  • Speak with you about the intricacies and conditions of your case.
  • Help you understand what your legal options are.
  • Mount a strong defense against your charges.


Q: What Is the Cost of Hiring a Florida DUI Lawyer?

A: The cost of hiring a DUI criminal defense lawyer in Florida will differ from case to case, depending on the seriousness of the charges, the existing criminal record, and other considerations. The cost can range from a couple of hundred dollars to thousands of dollars, and they may charge hourly rates, periodic installments, or an upfront payment.

Q: Do I Need to Get a Lawyer for Florida DUI Charges?

A: If you have been charged with drunk driving in Florida, it is highly advisable to hire a trusted criminal defense lawyer who is experienced in Florida DUI law. The sooner that you hire quality legal support, the more likely you are to mitigate the consequences associated with your case. They can represent you in both DUI hearings with the DMV and in court.

Q: Are DUI Felony Charges Different From DUI Manslaughter Charges in Florida?

A: Florida DUI manslaughter charges, and the associated penalties, are typically different from DUI felony charges. DUI felony charges are typically classified in the third degree and can result in $5,000 in fines and up to 5 years in jail. DUI manslaughter is considered to be a second-degree felony, and it can lead to 15 years in prison and up to $10,000 in fines.

Q: Do I Have to Take a Breath Test If I Am Arrested for Drunk Driving in Florida?

A: No, you do not have to take a breath test to measure your BAC levels in the state of Florida. However, the consequences can be more significant than compliance. If you refuse to take the test, you will automatically have your driver’s license revoked. Also, you will not be eligible for alternative sentencing options nor be able to eventually get the charges dropped.

Chang Law Firm: Your Florida DUI Defense Team

At Chang Law Firm, our felony DUI defense lawyers understand how difficult it can be to deal with the charges of a DUI case. You may be worried about the possible penalties associated with your case and how the charges, if you are convicted, could impact your reputation and well-being. Therefore, it is advisable to meet a defense lawyer at Chang Law Firm today to ease your worries and build a defense plan to secure your future.

Experience Counts