Felony DUI Expert Representation with a Personal Touch

Felony DUI Lawyer in St. Petersburg, Florida

Former Prosecutor. One Attorney. Your Felony DUI Defense in Pinellas County.

A felony DUI arrest puts far more on the line than a license suspension. Prison time, mandatory minimums, and a permanent record that can’t be sealed can reshape every area of your life. After an arrest in St. Petersburg, the prosecutor typically decides within the first 21 days whether to file felony or misdemeanor charges, which means the decisions you make immediately after arrest carry real consequences.

Plotnick Law Offices has been based in St. Petersburg, Florida, since 2004. Every client works with one attorney from the initial consultation through the resolution of their case, not a rotating cast of lawyers.

If you’re facing felony-level DUI charges, call us at (727) 619-1827 to speak with an attorney about your situation.

When a DUI Becomes a Felony in Florida

Most DUI arrests are misdemeanors. Several specific circumstances under Florida law elevate the charge to a felony.

Third DUI Within 10 Years:
A third DUI conviction becomes a third-degree felony only when it occurs within 10 years of the driver’s most recent prior conviction. The look-back period matters: if more than 10 years have passed since the last conviction, the third offense is charged as a misdemeanor.

Fourth or Subsequent DUI:
A fourth DUI is a third-degree felony regardless of when prior convictions occurred. There is no look-back period cutoff for a fourth offense.

DUI Causing Serious Bodily Injury:
When a DUI crash causes serious bodily injury to another person, the charge is filed as a third-degree felony, even for a first-time offender.

DUI Manslaughter:
Causing the death of another person or an unborn child while driving under the influence is DUI manslaughter, a second-degree felony carrying up to 15 years in prison and a $10,000 fine. If the driver knew or should have known a crash occurred and failed to render aid or provide information, the offense escalates to a first-degree felony with up to 30 years in prison.

Penalties for a Felony DUI Conviction

A third-degree felony DUI conviction in Florida carries up to five years in prison and a fine of up to $5,000. When the offense is a third DUI within 10 years of a prior conviction, the court must impose a mandatory minimum of 30 days in jail, with at least 48 hours served consecutively.

Beyond incarceration, a felony DUI conviction also results in:

A minimum 10-year driver’s license revocation for a third conviction within that window, with permanent revocation required for a fourth or subsequent conviction
At least 90 days of vehicle impoundment or immobilization
A mandatory ignition interlock device for at least two years following license reinstatement
A permanent felony record that can’t be sealed or expunged under Florida law

Marc Plotnick’s Prosecutorial Background in Felony Courts

Founding attorney Marc F. Plotnick served as an Assistant State Attorney in Pinellas County, prosecuting cases in felony court, misdemeanor court, and traffic court. He also served as a prosecutor in the Child Abuse and Domestic Violence Divisions and as Lead Trial Attorney in the State Attorney’s Office. That history means he has stood on the other side of the courtroom in the same building where your case can be heard.

Understanding how prosecutors evaluate evidence, decide on charges, and approach trial is a real advantage in felony DUI defense. When we assess your case, we’re drawing on the same analytical framework the prosecution may use, and we know where those arguments are vulnerable.

Every client is assigned one attorney who manages their case through every stage. You won’t be explaining your situation to a new face at each hearing.

Defense Strategies in Felony DUI Cases

The right defense depends entirely on the facts of the arrest. A few angles appear frequently in felony DUI cases and are worth understanding before your first attorney conversation.

Actual Physical Control:
Florida law requires that the driver was in “actual physical control” of the vehicle at the time of the alleged offense. Where the driver was found, whether the vehicle was running, and other surrounding circumstances can raise a genuine dispute about whether that standard is met.

Prior Conviction Validity:
Felony enhancement for a third or fourth DUI depends on prior convictions counting against the defendant. If a defendant wasn’t represented by an attorney during a prior DUI plea, the prosecution may have difficulty using that conviction to support a felony charge. We examine every prior conviction to determine whether it can withstand scrutiny.

Implied Consent & Test Refusal:
Florida’s implied consent law requires drivers who are lawfully arrested for DUI to submit to a breath, blood, or urine test. A refusal can be presented as evidence of guilt at trial, which is one reason that decision carries consequences in both the criminal case and the separate administrative license proceeding.

Reduction to Reckless Driving:
A DUI charge isn’t automatically the endpoint. When the evidence has weaknesses, a negotiated reduction to reckless driving carries lesser penalties and can avoid the most serious consequences for a driver’s record. Whether that outcome is realistic depends on the strength of the state’s case and the specific facts at hand.

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Felony Battery Reduced to Disorderly Conduct From Discord to Harmony
Nathan, a man in his forties with a prior record, faced charges of Felony Battery on a Person 65 Years of Age or Older. This incident, set in the backdrop of Nathan’s history, threatened to further tarnish his record and affect his future interactions.
Felony to Misdemeanor & DUI to Reckless Driving Leap of Faith
Jason, a man in his twenties with a prior record, found himself charged with serious offenses, including Felony Leaving the Scene of an Accident with Injury and Driving Under the Influence. An additional arrest for a new DUI offense while on pretrial release further complicated his situation.
Felony Fleeing & More Reduced to Misdemeanors Road Less Traveled
Michael, a man in his forties with minimal prior involvement with the law, found himself facing a series of escalating legal challenges, from Felony Fleeing and Eluding charges to Disorderly Conduct and Resisting Arrest with Violence. These incidents threatened to derail the stable life he had built for himself.
Dismissal of Charge Turning the Tide
Jeremy, in his twenties, faced the serious accusation of threatening to shoot and kill a co-worker, a situation exacerbated by underlying health issues and a state of fear. This charge threatened to irreversibly impact his future and livelihood.

Why Choose Plotnick Law Offices?

Experience, Commitment, and Personalized Care

As a former prosecutor, we understand how to build strong cases. Our hands-on approach ensures you’re supported every step of the way.

Experience That Matters

Led by a former prosecutor, Plotnick Law Offices offers unique insights and strategic advantages for every case. Our deep understanding of the legal system ensures that we can effectively advocate for your rights and best interests.
Relentless Preparation

Success begins with preparation. We leave no stone unturned when investigating and building your case, ensuring that every detail is thoroughly examined to strengthen your position.
Hands-On Advocacy

When you choose Plotnick Law Offices, you’ll work directly with an experienced attorney from start to finish. We don’t shuffle clients between attorneys—you’ll always have consistent and reliable guidance.
Personalized Representation

At Plotnick Law Offices, we prioritize building strong, lasting relationships with our clients. We take the time to understand your unique needs and goals, ensuring that your case strategy is tailored to achieve the best possible outcome for you.

What Clients Say About Working With Our Firm

Attorney Marc F. Plotnick holds a 9.2 Superb rating on Avvo, and attorney Paul S. Horning carries a 4.8-star average with numerous five-star reviews. Those ratings reflect the consistent attention our attorneys bring to each case, including high-stakes criminal matters.

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“Excellent Communication”
“I cannot thank you enough for your help, Marc, honestly. I made a stupid mistake and it took you no time to take care of the situation.”

- Frank M.
“Pragmatic & Understanding”
“I would definitely recommend them to someone in need of any attorney services.”

- Priestly V.
“Awesome”
“He is compassionate and helpful.”

- Carolyn A.
“Very Experienced”
“In the end, the result was way over my expectations.”

- J. Hughes
“Top Notch”
“Quick to respond to communications and always kept me informed during the entire process.”

- Michael K.
“Highly Recommend”
“I truly appreciate everything he did and his communication with me was greatly appreciated.”

- Tawna L.
“Very Passionate”
“Nothing is worse than waiting around wondering what’s going to happen to you, which didn’t happen at all after hiring Marc.”

- Jared
“Very Impressive”
“When I tell you they treat you like family, that's no lie!”

- Jeffrey B.

Meet Our Experienced Legal Team

Want to learn more about the team behind your case? Visit our About page to meet Marc F. Plotnick and Paul S. Horning, and discover how their experience can make a difference for you.

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Where Felony DUI Cases Are Heard in Pinellas County

Felony and misdemeanor criminal cases from St. Petersburg and the rest of Pinellas County are heard at the Pinellas County Justice Center in Clearwater. Circuit court holds jurisdiction over felony matters, where the potential sentence exceeds one year in state prison. County court handles misdemeanor DUI cases. Knowing the courthouse, its judges, and its prosecutors matters when you’re building a defense.

Speak With a Felony DUI Attorney Serving St. Petersburg

A felony DUI charge carries consequences that can follow you permanently. The earlier an attorney reviews your case, the more options may remain available. We can go through the arrest, the evidence, any prior convictions, and the state’s likely approach so you understand exactly what you’re facing and what can be challenged.

Contact Plotnick Law Offices at (727) 619-1827 to schedule a consultation with a felony DUI attorney serving St. Petersburg and Pinellas County.

Your Driver’s License After a Felony DUI Arrest

The criminal case and the administrative license suspension are two separate proceedings. Florida’s licensing agency can suspend your license after a DUI arrest regardless of how the criminal case ultimately resolves. You have only 10 days after your arrest to request a formal review hearing to challenge that suspension. Miss that window and the suspension becomes automatic.

After serving part of the suspension period, a hardship license may become available. It’s generally limited to driving to and from work, school, church, and medical appointments, but for many people it makes the difference between keeping a job and losing one. We handle both the criminal defense and the administrative side of a DUI case so nothing falls through the gap between the two proceedings.

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