Felony DUI Daytona Beach

Felony DUI Attorney in Daytona Beach

Former Prosecutor. 20+ Years of Felony Defense. Fighting for Daytona Beach Clients.

A felony DUI charge is a different situation entirely from a standard misdemeanor DUI. You’re facing potential state prison time, a permanent felony record, and license consequences that can follow you for years. Attorney Matt Thompson is a former prosecutor with over 20 years of criminal defense experience who now defends people charged with serious crimes in Volusia County. He knows how the State Attorney’s Office builds these cases because he’s built them.

At Thompson Law, P.A., criminal defense is all we do. We don’t split our attention between practice areas. If you’ve been arrested for felony drunk driving in Daytona Beach, we’re available 24 hours a day, 7 days a week.

Call (386) 280-4977 now for a free, confidential consultation. The hours after a felony DUI arrest matter, and we’re ready to help.

When a DUI Becomes a Felony in Florida

Florida Statute 316.193 sets out the specific circumstances that elevate a DUI to a felony charge. Understanding where your situation falls shapes everything about how the defense is built.

Third-Degree Felony DUI
A third DUI occurring within 10 years of a prior conviction is a third-degree felony, carrying up to 5 years in state prison, a fine up to $5,000, a mandatory minimum 30-day jail term, and a 10-year driver’s license revocation. Any fourth or subsequent DUI is also a third-degree felony, regardless of timing, and results in permanent license revocation.

DUI Causing Serious Bodily Injury
When a DUI causes serious bodily injury to another person, it’s charged as a third-degree felony under the same statute, carrying penalties that align with those for a repeat-offense felony DUI.

DUI Manslaughter
If someone dies as a result of the incident, the charge becomes DUI manslaughter, a second-degree felony carrying up to 15 years in prison and a fine up to $10,000. If the driver left the scene, the charge escalates to a first-degree felony with exposure to up to 30 years in prison.

Why Daytona Beach Clients Choose Thompson Law, P.A.

Felony DUI cases in Daytona Beach are prosecuted in the Seventh Judicial Circuit Court at the Volusia County Courthouse. Attorney Thompson has spent decades in these courts. Before defending clients, he was on the other side, prosecuting serious felony cases including homicides and sex offenses. That background gives him a direct understanding of how the State structures a felony drunk driving case and where it can be challenged.

Over the course of his career, Attorney Thompson has handled hundreds of DUI cases and has secured felony charge reductions to misdemeanors in specific matters, helping clients avoid prison sentences. Results in past cases don’t guarantee the same outcome in yours, but they reflect a defense approach built on real trial experience. He’s been voted Best Volusia County Criminal Defense Lawyer by readers of the Daytona Beach News-Journal and holds a 10 out of 10 Avvo rating with a Client’s Choice Award.

We maintain offices in both Daytona Beach and DeLand to serve clients throughout Volusia County. One firm, one focus: criminal defense.

Start Your Defense Today

After a felony DUI arrest, the decisions you make early have real consequences for your case. Contact Thompson Law, P.A. for a free consultation. We’re available around the clock by phone at (386) 280-4977 or through our online contact form.

How We Defend Felony DUI Charges in Daytona Beach

A felony drunk driving case involves multiple points of potential challenge. Attorney Thompson examines each stage of the arrest and prosecution to identify where the State’s evidence may be vulnerable.

Traffic Stop & Arrest Review

Every felony DUI defense begins with the stop. If the officer lacked reasonable suspicion to initiate it, evidence gathered afterward may be suppressed. Attorney Thompson routinely files and argues pre-trial motions to suppress when the facts support it, and a successful suppression motion can significantly alter the trajectory of a case.

BAC Test & Field Sobriety Challenges

Breathalyzer and blood test results aren’t unassailable. We scrutinize calibration records, administration procedures, and chain of custody. Field sobriety tests are subject to challenge based on how they were administered, the officer’s training, road conditions, and the defendant’s physical condition at the time. These challenges can affect the weight the State can put on its evidence.

Prior Conviction Analysis

In third-offense cases, prosecutors must establish each prior conviction on the record. If a prior conviction, including out-of-state DUI convictions, can’t be properly documented, the State may lose the basis for charging the offense as a felony. We evaluate prior conviction records carefully in repeat-offense cases.

Charge Reduction to Reckless Driving

In appropriate cases, we have secured reductions to reckless driving, sometimes called a “wet reckless.” This outcome avoids a DUI conviction on the record entirely and can prevent the prior-offense enhancement that could apply to a future arrest. Whether it’s available depends on the specific facts and the strength of the State’s evidence.

The 10-Day DHSMV Hearing Window

After a felony DUI arrest, you have 10 days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to contest the administrative suspension of your driver’s license. This process runs separately from the criminal case, and missing the deadline results in automatic suspension. We can walk you through this step as part of your initial consultation.

Collateral Consequences of a Felony DUI Conviction

The criminal sentence is only part of what a felony DUI conviction means for your life. Several collateral consequences attach automatically and persist long after a sentence is served.

Permanent record: A felony DUI conviction in Florida can’t be expunged or sealed. It appears on background checks for employment, housing, and professional licensing indefinitely.
Professional licensing: A felony conviction can affect licenses in healthcare, law, education, commercial driving, and other regulated fields.
FR-44 insurance requirement: Florida requires FR-44 certification after a DUI conviction, proof of higher bodily injury liability coverage maintained continuously for three years from reinstatement.
Habitual traffic offender designation: Multiple DUI convictions within a five-year period can result in a habitual traffic offender designation under Florida law, which carries a separate five-year license revocation.
Ignition interlock device: Florida law mandates installation of an ignition interlock device for at least two years following a felony DUI conviction.
Auto insurance costs: Premiums typically increase significantly after a felony DUI conviction, and in some cases insurers cancel policies altogether.

These are the consequences a defense strategy works to address. If you’re facing a felony drunk driving charge in the Daytona Beach area, call (386) 280-4977 or contact Thompson Law, P.A. online to discuss your options. We’re available 24/7, and the consultation is free.

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View Recent Results

Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
Penalties Reduced Grand Theft, Fleeing, Possession of a Fictitious Driver’s License
Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.
All Charges Dismissed Robbery
Attorney Thompson met with the Client soon after his arrest. It was clear that the person who was in the vehicle with the Client was the person guilty of committing the robbery and that the Client was more of a bystander. Attorney Thompson provided information to the State Attorney’s Office to separate the Client from the co-defendant. The information provided to the State resulted in all charges against the Defendant being dismissed.
All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
All Charges Dismissed Domestic Battery
Client and his husband were involved in a verbal argument. The alleged victim contacted police against the claiming that he threw a glass of milk on him. Under the law, this is considered a battery. Attorney Thompson represented the Client on both the criminal case and the injunction and both were dismissed.