Felony DUI Attorney in Miami

Former Prosecutors Defending the Most Serious DUI Charges in Miami-Dade County

A felony DUI charge is a different category of legal problem than a standard misdemeanor. Prison time, permanent license revocation, and a criminal record that affects employment, housing, and civil rights are all on the table. E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar, a credential granted only to attorneys who meet rigorous standards of experience, peer review, and examination in criminal trial practice. Both E.J. and Erika Hubbs are former prosecutors with substantial jury trial experience, giving Hubbs Law, P.A. direct insight into how the Miami-Dade State Attorney’s Office builds and pursues these cases.

Miami-Dade prosecutors pursue maximum penalties when a DUI crosses into felony territory. The earlier an attorney is involved, the more options may exist to challenge the evidence, contest enhancements, and shape how the case proceeds.

If you or someone you know is facing a felony DUI charge in Miami, call Hubbs Law, P.A. for a free consultation: (305) 570-4802. You’ll speak directly with an attorney, not a paralegal or secretary.

When a DUI Becomes a Felony in Florida

Florida law establishes three primary pathways under Florida Statute Section 316.193 by which a DUI charge is elevated to a felony. Which one applies to your situation determines the sentencing exposure you face.

• Third DUI within 10 years: A third offense occurring within 10 years of a prior DUI conviction becomes a third-degree felony.
• Fourth or subsequent DUI: Any fourth DUI conviction is automatically a felony regardless of how much time has passed since prior offenses. Florida uses a lifetime look-back for this enhancement.
• DUI causing serious bodily injury: Under Florida Statute Section 316.193(3)(c)2, a DUI that causes serious bodily injury to another person is a third-degree felony, even on a first offense.
• DUI manslaughter: When a driver’s impairment causes the death of another person, the charge is a second-degree felony. If the driver left the scene without rendering aid or contacting authorities, it elevates to a first-degree felony.

The degree of felony matters because it determines the sentencing range and whether mandatory minimum prison terms apply.

Florida Penalties for a Felony DUI Conviction

Each charge type carries distinct sentencing exposure, and the consequences reach well beyond the courtroom.

• Third DUI within 10 years: Up to five years in prison, fines up to $5,000, and a minimum 10-year license revocation. A hardship license may be possible after two years with an ignition interlock device.
• Fourth or subsequent DUI: Up to five years in prison, fines of at least $2,000, and permanent license revocation with no hardship license eligibility.
• DUI with serious bodily injury: Up to five years in prison and a license revocation of at least three years.
• DUI manslaughter: Up to 15 years in prison, fines up to $10,000, permanent license revocation, and a mandatory minimum of four years upon conviction.

Beyond sentencing, a felony conviction produces a permanent criminal record, loss of the right to possess firearms, and serious barriers to employment, housing, and professional licensing.

How Hubbs Law, P.A. Defends Felony DUI Cases

Because both of our attorneys prosecuted cases before defending them, we evaluate the State’s evidence the same way Miami-Dade prosecutors do when deciding how hard to push a case. That perspective shapes how we investigate and how we litigate.

Challenging the Evidence

Defense strategies may include challenging the calibration and maintenance records of breathalyzer equipment, disputing blood test handling and chain of custody, and contesting whether the prior convictions used as enhancements were properly obtained and are legally admissible. In DUI with serious bodily injury or DUI manslaughter cases, the causation element is often contested: the State must prove that impairment caused the injury or death, not simply that both occurred. Where the facts support it, we may retain accident reconstruction professionals to dispute the prosecution’s theory of causation.

Pre-Trial Motions & Trial Preparation

We litigate pre-trial motions to suppress illegally obtained evidence, challenge the legal basis for the traffic stop, and exclude prejudicial evidence that could unfairly influence a jury. These motions may reshape plea negotiations or, depending on the circumstances, lead to dismissal before the case ever reaches the Richard E. Gerstein Justice Building. When a resolution short of trial isn’t in a client’s best interest, we’re prepared to try the case.

Why Clients in Miami Choose Hubbs Law, P.A. for Felony DUI Defense

E.J. Hubbs’s Board Certification in Criminal Trial Law is rare. The Florida Bar awards it only to attorneys who demonstrate a high level of proficiency in criminal trial practice through experience, peer review, and a rigorous examination. For a charge that can mean years in prison, that level of courtroom depth matters. E.J. handled over 10,000 criminal cases and took more than 50 jury trials to verdict as a prosecutor before moving to the defense side.

Every client at Hubbs Law, P.A. works directly with an attorney from consultation through resolution. We return calls within one to two hours and keep clients informed at each stage. For non-citizen clients, our combined criminal defense and immigration practice means the same firm defending the felony DUI charge also understands the immigration consequences a conviction may trigger, including how it can affect removal proceedings and bond hearings.

Get a Free Felony DUI Consultation in Miami

A felony DUI charge demands immediate attention. The administrative license suspension clock starts at arrest, and decisions made in the first days of a case can affect every stage that follows. Hubbs Law, P.A. offers free consultations for felony DUI and other criminal matters throughout Miami-Dade County and South Florida.

Call Hubbs Law, P.A. now at (305) 570-4802 to schedule your free consultation. You’ll speak with an attorney, get honest answers about your situation, and leave with a clear picture of your options.