Delray Beach Felony DUI Lawyer

Felony DUI Attorney in Delray Beach, FL

The consequences of driving under the influence (DUI) can follow you for the rest of your life. A conviction can impact your social standing, job opportunities, and personal life. It doesn’t take much for a DUI to become a felony, and if the charges against you are elevated, you need to secure a strong defense for yourself as quickly as possible. A Delray Beach felony DUI lawyer can offer the experienced legal counsel you need.

The legal team at The Law Offices of Julian M. Kessel understands how hard it can be to defend yourself against felony DUI penalties. You should consider hiring a Florida felony DUI attorney to help you interpret the state’s felony DUI laws and determine the right course of action for your case. Attorney Kessel is committed to giving personal attention to each client and takes a relentless approach to each defense case.

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What Makes a DUI a Felony in Florida?

When you are charged with a felony DUI in Delray Beach, your case is handled by the Palm Beach County Circuit Court, which can be found at the Palm Beach County Main Courthouse in West Palm Beach on North Dixie Highway. Make sure you have a strong defense strategy and a lawyer who knows what they’re doing. In 2023, there were 5,132 confirmed alcohol-related crashes and 969 fatalities related to impaired driving.

It’s important that you understand exactly what can turn a standard misdemeanor DUI into a felony charge with hefty fines and prison time. The penalties for a felony DUI in Florida can include anywhere from five to 30 years in prison and fines ranging from $2,000 to $5,000, depending on the severity of the offense and the presence of aggravating factors. Here are the most common felony DUI situations and penalties that occur in the state of Florida:

• Third DUI. A third DUI offense, regardless of whether it’s a misdemeanor or not, is automatically seen as a felony offense. It’s punishable by up to five years in prison, a fine of up to $5,000, and a loss of your driver’s license for up to 10 years. It’s seen as a third-degree felony.
• Fourth or subsequent DUI. A fourth offense is also viewed as a third-degree felony. The penalties for a conviction include up to five years in prison, a fine of $2,000, and a permanent revocation of your driver’s license.
• Serious bodily harm. If your DUI leads to somebody being seriously injured, the consequences will greatly increase. Now, there are aggravating factors, and you are facing a third-degree felony. You could be facing five years in prison and additional penalties.
• DUI manslaughter. If you were to cause someone’s death while driving under the influence, the legal consequences could be disastrous for you. This is a second-degree felony punishable by up to 15 years in prison and a mandatory minimum sentence of at least four years. If you flee the scene and turn it into a hit-and-run, it becomes a first-degree felony, and you could end up in prison for 30 years.

Defenses Against a Felony DUI

It’s understandable to feel like you don’t have options after you are arrested, but that’s not the case. What you need is an aggressive, passionate, and zealous defense lawyer who has experience with felony DUI cases. Here are some potential defense strategies you can use:

• Challenging the traffic stop. In Florida, the police need reasonable suspicion of a crime in order to pull you over for suspected drunk driving. They can’t do so on a hunch alone. If they can’t provide reasonable suspicion, it could lead to the suppression of any evidence gathered during that stop.
• Improper testing. If a breathalyzer test is not administered correctly, it can lead to a false positive. Your lawyer can challenge the testing officer’s competency regarding the test and argue that you may have a medical condition that may have caused the test results to be inaccurate.

FAQs

Q: How Often Are DUI Cases Dismissed in Florida?

A: A decent number of DUI cases are dismissed in Florida or at least reduced to a lesser charge like reckless driving. Few DUI cases go to trial, but if yours does, your defense lawyer can often negotiate a better outcome for you by challenging the evidence, identifying weaknesses in the state’s case against you, and questioning the legality of the initial traffic stop. There’s a chance the charges against you could be dismissed.

Q: Is a DUI in Florida a Felony Now?

A: No, a DUI is not automatically a felony offense in Florida now. There are still specific criteria that need to be met for a DUI to be charged as a felony. Recent legislation known as Trenton’s Law went into effect in 2025, and it elevated the penalties for repeat DUI manslaughter and vehicular homicide convictions.

Q: Can a Felony DUI be Expunged in Florida?

A: A felony DUI can only be potentially expunged in Florida if the charges were dropped, dismissed, or resulted in a verdict of not guilty. A felony DUI conviction cannot be expunged in Florida. In fact, neither can a misdemeanor. Any DUI conviction will be on your record permanently. Your attorney can help you understand the legal options available based on your specific circumstances

Q: Should I Hire a Felony DUI Lawyer?

A: Yes, you should hire a felony DUI lawyer. The consequences you could face if convicted could be considerable. You could be looking at substantial fines, a loss of your license, and prison time. You should hire a felony DUI lawyer to oversee your case and give you a chance. Hiring the right lawyer can make a big difference to the outcome of your case.

Hire a Felony DUI Lawyer Today

If you are facing felony charges for a DUI, hiring an experienced defense lawyer at The Law Offices of Julian M. Kessel can provide an advantage in your outcome. Contact us to set up an initial consultation and discuss the specifics of your case.