Felony DUI Attorney in Miami

Former Miami-Dade Prosecutor. Over 100 Trials. Defending Felony DUI Charges Across South Florida.

A felony DUI charge isn’t a more serious version of a misdemeanor DUI. It’s a categorically different legal situation, with harsher penalties, a more complex court process, and consequences that can follow you permanently. Attorney Michael Mirer spent years as an Assistant State Attorney in Miami-Dade County prosecuting serious felony charges, including an appointment to the Career Criminal Robbery Unit. That prosecutorial background shapes how Law Office of Michael Mirer, P.A. builds its defense strategy for every felony drunk driving charge we take on. With over 100 trials and more than two decades of criminal defense experience in South Florida, we understand how the state constructs these cases because we’ve built them.

We serve clients throughout Miami and South Florida. Consultations are free, confidential, and available 24/7. Se habla Español.

If you’re facing a felony DUI charge in Miami, don’t wait to get counsel. Call our felony DUI attorneys at (800) 798-0243 for a free, confidential case evaluation available any time of day or night.

When a DUI Becomes a Felony in Florida

Florida Statute Section 316.193 defines four circumstances that elevate a DUI from a misdemeanor to a felony. Which category applies to your charge determines both the potential penalties and the defense strategy.

• Third DUI within 10 years: If a third DUI offense occurs within 10 years of a prior conviction, it’s charged as a third-degree felony.
• Fourth or subsequent DUI: Florida applies a lifetime look-back for a fourth offense. Regardless of when prior convictions occurred, a fourth DUI is charged as a third-degree felony.
• DUI with serious bodily injury: Under Florida Statute Section 316.193(3)(c)2, when impaired driving causes serious bodily injury to another person, defined as a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ, the charge becomes a third-degree felony.
• DUI manslaughter: Under Florida Statute Section 316.193(3)(c)3, when impairment causes the death of another person, the charge is a second-degree felony. If the driver knew or should have known of the crash and failed to render aid or provide information, it escalates to a first-degree felony.

Felony DUI Penalties Under Florida Law

Penalties vary significantly by charge type. All figures below reflect statutory maximums and mandatory minimums, not typical outcomes.

• Third DUI within 10 years: Up to 5 years in prison, a mandatory minimum of 30 days in jail, fines of $2,000 to $5,000, 10-year license revocation, and a mandatory minimum 2-year ignition interlock device requirement.
• Fourth or subsequent DUI: Up to 5 years in prison, a mandatory minimum of 30 days in jail, fines of $1,000 to $5,000, and permanent license revocation.
• DUI with serious bodily injury: Up to 5 years in prison, fines up to $5,000, and a minimum 3-year license revocation.
• DUI manslaughter: A mandatory minimum of 4 years in state prison, up to 15 years, fines up to $10,000, and permanent license revocation.
• DUI manslaughter with leaving the scene: Up to 30 years in prison and fines up to $10,000.

No Florida court may suspend, defer, or withhold adjudication of guilt for any DUI conviction. Every felony DUI conviction also results in loss of firearm rights and a permanent criminal record that can’t be sealed or expunged under Florida law.

Collateral Consequences of a Felony DUI Conviction

The sentence is only part of what a felony conviction costs. A permanent record appears on background checks, affecting employment decisions in safety-sensitive and licensed industries. Professional licenses and certifications in many fields require a clean record, and a felony DUI can limit or bar access to them entirely.

Florida law strips convicted felons of several civil rights, including the right to vote, hold public office, and serve on a jury. For non-citizens, a felony DUI conviction can have serious immigration consequences. Auto insurance typically becomes substantially more expensive and harder to obtain. Because the record can’t be sealed or expunged, these effects may not fade with time.

How We Defend Felony DUI Charges in Miami

Attorney Mirer’s years prosecuting felony cases in Miami-Dade County give Law Office of Michael Mirer, P.A. direct insight into how state attorneys build their felony drunk driving cases. We use that knowledge to identify weaknesses before they become issues at trial.

Challenging the Evidence

We conduct a thorough review of police reports, breathalyzer results, and blood test records, along with field sobriety exercise videos. Breathalyzer and blood test results can be challenged on grounds of improper calibration, equipment maintenance failures, or errors in blood sample handling. A successful suppression motion may remove this evidence from trial. If law enforcement drew blood without valid consent and without lawful grounds, that blood evidence may also be suppressible.

Contesting the Stop & Causation

We examine the lawfulness of the initial traffic stop and the probable cause for arrest. In DUI cases involving serious bodily injury or death, the prosecution must prove the defendant’s impairment caused the crash. Our firm works with accident reconstruction professionals to evaluate whether road conditions, mechanical failure, or another driver’s actions contributed to the incident. Disputing causation is a central defense strategy in DUI manslaughter and DUI with serious bodily injury cases.

Prior Conviction Review & Negotiation

In third and fourth DUI cases, we examine whether prior convictions were properly obtained and meet admissibility standards before they can be used to elevate the current charge. Where the evidence supports it, we negotiate with prosecutors for reduced charges or penalties and advocate for alternative sentencing focused on treatment programs and our clients’ long-term well-being. When negotiation isn’t in a client’s best interest, we take the case to trial. Attorney Mirer’s record of over 100 trials reflects that commitment.

Two Tracks After a Felony DUI Arrest: What to Do First

A DUI arrest in Florida triggers two simultaneous processes. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) initiates an administrative license suspension at the same time the criminal case begins in court. These are separate proceedings, and each requires immediate attention.

You have only 10 days from the date of your arrest to request a formal review hearing with the DHSMV to contest the administrative suspension. Missing that window means automatic suspension with no opportunity to challenge it. A hardship license, which permits limited driving to work, school, or medical appointments, may be available during the suspension period depending on your offense and prior record. Law Office of Michael Mirer, P.A. handles both the DHSMV formal review hearing and the criminal defense, so the details of each track receive attention.

All felony DUI charges in Miami-Dade, whether third- or fourth-offense DUIs or more serious charges like DUI manslaughter, are heard in the Miami-Dade Circuit Court. Attorney Mirer has represented clients at all levels of the local court system and knows how these cases move through it.

Why Miami Residents Facing Felony DUI Charges Work With Law Office of Michael Mirer, P.A.

Attorney Michael Mirer is a former Assistant State Attorney in Miami-Dade County who prosecuted all levels of crime, including appointment to the Career Criminal Robbery Unit, and has conducted over 100 trials across more than two decades of criminal defense practice in South Florida. His credentials include recognition by the National Trial Lawyers: Top 100 Trial Lawyers (2014), designation among the Nation’s Top One Percent of Attorneys by the National Association of Distinguished Counsel, and an AV Preeminent Rating from Martindale-Hubbell.

We use experienced investigators and expert witnesses, including accident reconstruction professionals when injury or death is involved, and we keep clients informed at every stage of their case. Our past results include a DUI case dismissal in Miami-Dade County Court following trial, though past results aren’t a guarantee of future outcomes. Every case is different, and we build a defense strategy around yours specifically.

Get a Free Case Evaluation From a Felony DUI Lawyer in Miami

The decisions made in the first days after a felony DUI arrest, including whether to request the DHSMV hearing, can affect what options remain later. The sooner we can review your case, the more options we may be able to evaluate. Law Office of Michael Mirer, P.A. is available 24/7 for a free, confidential consultation. Se habla Español.

Call our felony drunk driving attorneys at (800) 798-0243 or reach us through our online contact form to schedule your free case evaluation today.