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A wide variety of factors can determine whether your DUI is charged as a felony or a misdemeanor. On the same hand, the severity of your penalty also can be influenced by a broad spectrum of circumstances. Your number of previous offenses, the level of your blood alcohol ratio when you took a breath test and whether or not you injured any individuals while driving intoxicated can all affect the charges brought against you and the sentence you receive if convicted. A felony DUI charge has much more extreme repercussions than a misdemeanor DUI. With the threat of facing felony charges in court hanging over your head, it is essential that you speak to a Jacksonville DUI attorney without delay. A skilled attorney can greatly increase your chances of receiving a more favorable ruling in your case.

If you have been charged with multiple DUIs then your DUI may be considered a felony DUI. Even if the circumstances of your current DUI seem minor, the severity doesn't matter as much as the quantity of offenses on your record matter. A DUI can also be considered a felony if you were the cause of the death of another. Drinking and driving often leads to serious injury, but in many tragic cases it can lead to death. If your DUI resulted in the death of another then you were likely charged with vehicular manslaughter, also called homicide DUI. Some hit-and-run accidents may also be considered felony DUI. If you left the scene of the accident you are likely facing more serious penalties then you would have if you had stayed at the scene of the accident.

There is still hope after a DUI charge but you have to act fast.

It is always better to seek the help of a competent attorney who knows how to handle a DUI case. If the police officer who made your arrest is being honest with you, then you know that you are given the right to an attorney. You legally do not have to speak with an officer until you gain the help of a DUI defense lawyer. By speaking with a professional, they can inform you of how they will go about trying to clear your charges. There are many ways that a DUI attorney can help you, one of the main ways being trying to find the evidence surrounding your felony DUI to be faulty.

Florida Statutes §316.193(3): DUI Manslaughter

DUI manslaughter is defined under Florida Statutes §316.193(3) (2012) as someone who drives under the influence and while in operation of the vehicle either causes or contributes to the death of any human being – this includes an unborn quick child. An "unborn quick child" is defined under §782.071 as a fetus which would be capable of meaningful life outside of the womb. In most cases, this is considered a second degree felony and would be punishable with imprisonment not exceeding 15 years, as well as a $10,000 fine.

There are, however, some circumstances which would result in the offense being elevated to a first degree felony. This occurs when the defendant is proven to have known that the crash occurred and failed to render aid. In these cases, punishment includes imprisonment not exceeding 30 years (in some situations resulting in life in prison), as well as a $15,000 monetary fine.

Charged for DUI with Injury?

DUI with injury is a situation that is outlined under Florida Statutes §316.193(3). Under this section of the law, it states that a defendant who is convicted of driving under the influence and causing serious bodily injury to another through the operation of a vehicle is guilty of a third degree felony. What exactly constitutes a serious bodily injury? This is answered in §316.1933 as any injury which would place the victim's life substantially in danger; it can also result in physical impairment or disfigurement.

In cases where serious bodily injury has occurred, there are several changes which may result in the arrest procedure. For example, once a serious bodily injury has happened, law enforcement has the right to require a blood sample from the alleged drunk driver. In some cases, reasonable force may be used in the attempt to get the defendant to submit to the blood test.

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In order to be convicted of a felony DUI, the prosecution must prove, beyond and to the exclusion of every reasonable doubt, that not only were you intoxicated while driving your vehicle, but that you have at least two prior DUI convictions. Our attorneys at the Law Offices of Jason K.S. Porter, P.A. have a solid history of successfully defending felony DUI cases in court. Our experienced team includes a number of former DUI prosecutors who all have decades of experience in handling DUI cases in front of a judge.

With a strong understanding of both sides of the courtroom, our attorneys can create a vigorous defense case anticipating any line of attack a prosecutor may take. Your case is not hopeless; a strong attorney on your side can dramatically increase your likelihood of receiving a lighter sentence or of having your felony charges reduced to misdemeanor charges.

Call (904) 701-0591 or contact us to discover your options in a case review!

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Mr. Richard Watson was recommended to me by a friend after I was in a car accident. With no prior experience with auto accidents in Florida, I had to learn about PIP, settling with the at-fault driver's insurance company, working with my own health insurance company, and the subrogation process. Mr. Watson was responsive and professional, he offered guidance that assured me I understood each step of the process and was diligent about communication at each step. I am grateful to have received such a terrific recommendation, and I'm happy to have met Mr. Watson. I highly recommend him and the Porter firm.

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I first met Jason Porter in 2003, when our children attended a Christian Preschool together. I saw what he did within our community. He helped many of the families from the preschool over the years so when it came time that my family needed a lawyer I chose him. Jason has helped my family and several of my personal friends, all with positive outcomes. He is a seasoned professional that is respected within the law community. You will be treated with the utmost respect and compassion. I don't know another lawyer of his caliber that offers free consultations and you speak to him personally. Pick Porter.

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When I got into an accident, I didn't think I needed a lawyer. However, everything was so confusing and the insurance company was being very pushy. Once I decided I needed to contact a lawyer, I wasn't sure who to call. On the recommendation of a friend who had used him in the past and had a very good experience, I called Jason Porter. I was given an appointment the next day and it was during that appointment I knew I had contacted the right law firm. Mr. Porter was so nice and explained everything in a way that I could understand. He assured me that I would not need to do anything but to get better and he was right! He and his amazing paralegal handled everything so I didn't have to deal with all of the confusion of the insurance company while trying to heal from the injuries I sustained in the accident. Ultimately my case was settled with the insurance company and I received a very fair settlement. I am hoping I never have to use a lawyer again, but if I do, I will definitely be contacting Mr. Porter again.

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