Most DUI’s in Fort Myers, Naples, Port Charlotte, Punta Gorda and Cape Coral are not felony charges. However, certain arrests for DUI will end up charged as felonies. Felony charges carry more severe potential sentences and also carry the weight of designating the convicted party as a felon. Being a convicted felon carries with it a societal stigma as well as the loss of certain important rights such as the right to vote and gun ownership rights. The following DUI charges in Fort Myers, Naples, Port Charlotte and Cape Coral will be charged as felonies:
Third DUI Within Ten Years: A third conviction for a DUI that occurs within ten years after a prior conviction for DUI is a third degree felony punishable by up to five years in prison.
Fourth or Subsequent DUI: A conviction for a fourth or subsequent DUI is a third degree felony punishable as provided in Florida Statutes 775.082, 775.083 or 775.084. The maximum amount of prison time for a fourth or subsequent DUI is five years in prison. The minimum incarcerative sentece for a fourth or subsequent DUI will range from 0 days in jail to 30 days in jail and will depend on when the most recent prior DUI conviction occured.
DUI Causing Serious Bodily Injury to Another: A DUI Causing Serious Bodily Injury to Another is a third degree felony punishable by up to five years in prison. Sentencing will be affected by the accused parties criminal scoresheet and whether any enhancers are present in the case.
DUI Causing the Death of Another (DUI Manslaughter): DUI Causing the Death of Another will either be charged as a second degree felony punishable by up to fifteen years in prison or a first degree felony punishable by up to thirty years in prison. If the defendant left the scene of the crash and the defendant knew or should have known the crash occurred the DUI will be charged as a first degree felony. If the aforementioned aggravating factors are not present it will be charged as a second degree felony.
If you are charged with a felony DUI in Fort Myers, Naples, Port Charlotte, Punta Gorda or Cape Coral contact an experienced DUI attorney from Viacava & Cantor for a free consultation immediately.