Felony DUI Arrests… 3rd DUI, 4th DUI,

DUI Great Bodily Injury

DUI Manslaughter

If you or a loved one has been arrested for a FELONY DUI in Orlando/Orange County Osceola County, Brevard County, Seminole County, or Volusia County you need to KNOW the following:

• You will not be eligible to receive a Florida Hardship Drivers License via waiver. You will need to apply for a Formal Administrative Review Hearing within 10 days of the date of issuance of citation.  See (Hyperlink to Formal Review Hearing Process)  You should consult immediately with experienced Felony Dui attorney Heiko Moenckmeier in order to make the decision which is best for your particular case.  Administrative Review Hearings are difficult to win, but not impossible.  An admin hearing allows for the attorney to get an early look at the evidence, and a ‘free’ deposition of the officers involved in your case, and cements their testimony.  If you do not elect the administrative hearing within the 10 days, you will lose the opportunity to contest your civil license revocation, and be subject to a hard driving suspension of varying length, depending on a variety of factors.  Felony DUI lawyer Heiko Moenckmeier will examine the facts of your case and let you know what the civil penalties will be.
• Oftentimes a felony DUI can be beaten, dismissed, or reduced, based on a number of different factors. You should consult with Mr. Moenckmeier regarding the pros and cons of your particular case and its unique circumstances.
• The penalties for a felony DUI are very harsh. Third DUI within ten (10) years carries a mandatory minimum 30 days in jail, with a maximum of up to five years in prison.  Your license will also be revoked for ten (10) years.  (There is an administrative suspension and the suspension from the Judge which are separate)  Probation can be imposed for up to five years, an appropriate DUI Class,
• It is crucial to contest a Felony DUI with every possible defense your attorney can muster.  Per usual, all Constitutional Defenses are still at hand to prevent damning evidence from being admitted, and must be tailored to each individual case.
• Did the person refuse to blow into the intoxilyzer (breath machine), was there blood or urine, or were those refused as well, and has the person accused in this instance ever previously been arrested for DUI and refused to blow into the machine or provide urine? If so, the Government of the State of Florida will charge the person with Refusal with a prior refusal- a first degree misdemeanor punishable by up to a year in jail as well.  The officer MAY be able to forcefully submit a person to a blood test with a needle.  The circumstances by which said blood test were administered are up for fighting and contesting.
• 1) if you blew at all (if not- it’s a Refusal- with its own penalties different from that if you blew)

2) How much you blew (- if one blows above a .15, then higher maximum jail time, greater possible length of license revocation, larger minimum and maximum fine)

3) If there was a minor (person under the age of 18) in the car - then it’s the same as if you blew over a .15.- including interlock device.

4) if there was a crash, or injury or death (again, higher maximum jail, higher fines, higher length of suspension of drivers license.)

CALL NOW TO DISCUSS YOUR FELONY DUI CASE WITH ORLANDO / OSCEOLA/ BREVARD, VOLUSIA DUI LAWYER HEIKO MOENCKMEIER.  YOUR INITIAL CONSULTATION IS FREE.  CALL 407.504.1384. THERE ARE ALWAYS DEFENSES, LITIGATION, MITIGATION AND TRIAL.

A Felony DUI conviction in Florida (if you plead or are found guilty at trial) carries the following penalties:

A 3rd DUI within five years, or a Fourth or Subsequent DUI is a THIRD DEGREE FELONY which carries the mandatory following sanctions:

- An Adjudication of Guilt (means you can never seal or expunge your criminal record)

- minimum mandatory thirty (30) days in jail plus up to five (5) years in prison

- Up to five years supervised probation with the department of corrections (random drug and alcohol tests and paying the probation office ((cost of supervision between $30 and $60.00 per month

-  Ninety (90) day vehicle impound (you must turn in the tag or pay a service)

-  Level 2 DUI class (more expensive and longer than for first time offenders)

-  Victims Awareness Class

- TEN YEAR drivers license revocation by the Judge (different from the administrative DUI suspension by the Department of Motor Vehicles

- Random urinalysis

- substance abuse evaluation and recommended treatment

- 24 (twenty-four) months Ignition Interlock Device

- Minimum fine of $2000.00 and maximum fine of $4000.00.

- Court Costs, Cost of Investigation and Cost of Prosecution.

A DUI with Serious Bodily Injury (whether the bodily injury is serious is a matter for the Jury to decide) is a THIRD DEGREE FELONY

- An Adjudication of Guilt (means you can never seal or expunge your criminal record)

- Up to five (5) years in prison depending on the number of points on your criminal scoresheet     with a minimum mandatory thirty (30) days in jail.  Injury Points on your criminal scoresheet can significantly increase your prison exposure).

- Up to five years supervised probation with the department of corrections (random drug and alcohol tests and paying the probation office ((cost of supervision between $30 and $60.00 per month

-  Ninety (90) day vehicle impound (you must turn in the tag or pay a service)

-  Level 2 DUI class (more expensive and longer than for first time offenders)

-  Victims Awareness Class

- 50 hours community service

- TEN YEAR drivers license revocation by the Judge (different from the administrative DUI suspension by the Department of Motor Vehicles

- Random urinalysis

- substance abuse evaluation and recommended treatment

- 24 (twenty-four) months Ignition Interlock Device

- Minimum fine of $2000.00 and maximum fine of $4000.00.

- Court Costs, Cost of Investigation and Cost of Prosecution.

A DUI MANSLAUGHTER is a SECOND DEGREE FELONY

- An Adjudication of Guilt (means you can never seal or expunge your criminal record)

- Up to Fifteen (15) years in prison, depending on the number of points on your criminal scoresheet

- Up to Fifteen Years supervised probation with the department of corrections (random drug and alcohol tests and paying the probation office ((cost of supervision between $30 and $60.00 per month

-  Ninety (90) day vehicle impound (you must turn in the tag or pay a service)

-  Level 2 DUI class (more expensive and longer than for first time offenders)

-  Victims Awareness Class

- TEN YEAR drivers license revocation by the Judge (different from the administrative DUI suspension by the Department of Motor Vehicles

- Random urinalysis

- substance abuse evaluation and recommended treatment

- 24 (twenty-four) months Ignition Interlock Device

- Fine of up to $10,000.00

- Court Costs, Cost of Investigation and Cost of Prosecution.

DUI Manslaughter & Failure to Exchange Information or Render Aid

- An Adjudication of Guilt (means you can never seal or expunge your criminal record)

- Up to THIRTY (30) YEARS in prison, depending on the number of points on your criminal scoresheet

- Up to thirty years supervised probation with the department of corrections (random drug and alcohol tests and paying the probation office ((cost of supervision between $30 and $60.00 per month

-  Ninety (90) day vehicle impound (you must turn in the tag or pay a service)

-  Level 2 DUI class (more expensive and longer than for first time offenders)

-  Victims Awareness Class

- 50 hours community service

- TEN YEAR drivers license revocation by the Judge (different from the administrative DUI suspension by the Department of Motor Vehicles

- Random urinalysis

- substance abuse evaluation and recommended treatment

- 24 (twenty-four) months Ignition Interlock Device

- Fine of up to $10,000.00

- Court Costs, Cost of Investigation and Cost of Prosecution.

Fighting a Felony DUI requires an experienced DUI lawyer. Heiko Moenckmeier has handled DUI’s throughout the State of Florida. He has handled hundreds of DUIs and taken DUI’s to trial and won.  Often times, there are pre-trial motions that revolve around the legality of the traffic stop and the legality of the actions that the police were doing as the traffic stop unfolded.  Each DUI is different, therefore it’s imperative to call and get a case evaluation.

Call 407.504.1384 to speak with Orlando/Orange County Osceola County, Brevard County, Seminole County, and Volusia County DUI attorney Heiko Moenckmeier today for your free case evaluation.