Being arrested for DUI in Florida can have serious and long-lasting consequences—but not all DUI charges are the same. While many first-time and second-time DUIs are treated as misdemeanors, certain circumstances can quickly elevate a DUI to a felony offense, bringing harsher penalties, the possibility of prison time, and permanent damage to your record.

If you were arrested in Brevard County, it’s crucial to understand whether your DUI may be classified as a felony and what steps you should take to protect yourself. At Chang & Pyles, our experienced criminal defense attorneys help clients fight DUI charges and build strong defenses tailored to their specific case.

Here’s what you need to know about when a Florida DUI becomes a felony.

Misdemeanor vs. Felony DUI in Brevard County

In Florida, most DUI charges begin as misdemeanors. These include:

• First DUI offense
• Second DUI offense
• Third DUI offense (outside 10 years)

Even misdemeanor DUI convictions can result in jail time, thousands in fines, and long-term license suspensions—but felony DUIs come with far more severe consequences.

A DUI becomes a felony under certain conditions, regardless of your previous record.

When Does Florida Classify a DUI as a Felony?

Florida law outlines several situations in which a DUI is automatically elevated to a felony.

1. A Fourth DUI—At Any Time

A fourth DUI conviction, no matter how far apart the prior offenses occurred, is classified as a third-degree felony.

Penalties may include:

• Up to 5 years in prison
• Up to $5,000 in fines
• Permanent revocation of your driver’s license

2. A Third DUI Within 10 Years

If your third DUI occurs within 10 years of your previous DUI conviction, Florida classifies it as a felony offense.

Penalties can include:

• Up to 5 years in prison
• Mandatory ignition interlock
• Extensive fines
• Lengthy license suspension

3. DUI With Injury or Death

Even if it is your first DUI offense, your charge may be upgraded to a felony if:

• Someone was injured in an accident
• Someone suffered serious bodily harm
• The DUI resulted in a fatality

A DUI involving death can be charged as:

• DUI Manslaughter, a second-degree felony
• Punishable by up to 15 years in prison, with enhanced penalties in certain cases

These charges require immediate legal representation.

Penalties for Felony DUI in Florida

Felony DUI convictions are severe and may include:

• Up to 5 years in Florida State Prison
• Up to $5,000 in fines
• Permanent license revocation
• Mandatory substance abuse treatment
• Mandatory DUI school
• Probation and community service
• A felony record that affects jobs, housing, and educational opportunities

A felony DUI can shape the rest of your life, which is why experienced defense is essential.

Common Defense Strategies in Felony DUI Cases

A felony DUI charge does not automatically mean a felony conviction. A skilled defense attorney can analyze your situation and choose the strategy best suited to your case.

Possible defense strategies include:

✔ Challenging the legality of the traffic stop

If police lacked reasonable suspicion to pull you over, any evidence collected may be suppressed.

✔ Questioning breath or blood test accuracy

Breathalyzer devices may be improperly calibrated, poorly maintained, or used incorrectly.

✔ Arguing necessity or emergency

If you drove under the influence to escape danger or to seek emergency help, this may form a valid defense.

✔ Challenging field sobriety tests

These tests can be unreliable due to medical conditions, weather, or officer error.

✔ Raising entrapment or involuntary intoxication

If you were misled or unknowingly given drugs or alcohol, this may be a viable defense.

Your defense must be tailored to your specific situation, evidence, and arrest circumstances.

Why You Need a Felony DUI Attorney in Brevard County

Felony DUI charges are complex and carry high stakes. A knowledgeable attorney can:

• Explain your rights clearly
• Investigate the circumstances of your arrest
• Identify weaknesses in the prosecution’s case
• Negotiate to reduce charges
• Represent you at hearings and trial
• Work to protect your license, record, and future

At Chang & Pyles, we provide compassionate, strategic, and aggressive defense for individuals facing life-altering DUI accusations.

Speak With a Brevard County Felony DUI Defense Attorney Today

If you are facing a felony DUI charge, time is critical. The sooner you speak with a defense attorney, the more options you may have.

📞 Call 321-450-7740

Schedule a confidential consultation with Chang & Pyles to discuss your case and begin building a powerful defense.