After a felony DUI arrest, your attorney will explain to you the possible maximum statutory prison sentences that comes with the way the crime is charged. In addition, prosecutors in all felony cases are required to file a scoresheet in accordance with the Florida Criminal Punishment Code that also establishes a minimum sentence.
The way these scores are calculated take several different factors into account, and a score above a certain threshold results in a mandatory prison term. It is important to understand how these scores are calculated, as the 56-page scoresheet preparation manual is extraordinarily detailed and preparation of these scoresheets can easily result in errors by prosecutors that can tremendously impact the recommended sentence for an alleged offender.
If you are facing felony DUI charges in Florida, it is in your best interest to make sure that you have extremely knowledgeable legal counsel. Meltzer & Bell, P.A. fights to get the most favorable outcomes for clients in Miami-Dade County, Palm Beach County, and Broward County.
Our Fort Lauderdale felony drunk driving attorneys have more than two decades of combined experience with these scoresheets, whether we filled them out as prosecutors or challenged calculations as defenders. Call (561) 515-5834 today to set up a free, confidential consultation that will allow our firm to provide a thorough and honest assessment of your case.
There are three categories on the first page of the scoresheet that assign certain offense levels to specific felony charges. The felony levels vary by offense. For instance, a felony DUI involving no injury that is the alleged offender’s third DUI conviction is a Level 3 offense, while a DUI manslaughter offense that involves an alleged offender failing to render aid or give information is a Level 9 offense.
The crimes of the alleged offender are broken into these three scoring categories:
Depending on how these offenses are classified, they will be scored as follows:
Offense Level |
Primary Offense |
Additional Offenses |
Prior Record |
Misdemeanor |
- |
0.2 |
0.2 |
Level 1 |
4 |
0.7 |
0.5 |
Level 2 |
10 |
1.2 |
0.8 |
Level 3 |
16 |
2.4 |
1.6 |
Level 4 |
22 |
3.6 |
2.4 |
Level 5 |
28 |
5.4 |
3.6 |
Level 6 |
36 |
18 |
9 |
Level 7 |
56 |
28 |
14 |
Level 8 |
74 |
37 |
19 |
Level 9 |
92 |
46 |
23 |
Level 10 |
116 |
58 |
29 |
In addition to the crimes that an alleged offender has been accused of, there are several other sections of the scoresheet that can impact the final score. These other sections include:
All of the numbers above will be added together to determine the alleged offender’s subtotal sentence points. If the primary offense qualifies for enhancement, then it may be subject to the following sentence enhancements:
After enhancements have been added, the new figure will be the alleged offender’s total sentence points. The court must sentence the alleged offender to a nonstate prison sanction if the total sentence points are 22 points or less, although the alleged offender may be sentenced to a state correctional facility if the court makes written findings that a nonstate prison sanction could present a danger to the public.
If total sentence points are less than or equal to 44, then any non-state prison sanction is the lowest permissible sentence although the court can still sentence an alleged offender up to the statutory maximum for the felony offenses committed. If the total sentence points are greater than 44, then 28 is subtracted from that total and the new figure is multiplied by 0.75 (or reduced by 25 percent). The resulting figure represents the lowest permissible prison sentence in months.
The maximum sentences in these cases are the statutory maximums for the primary and any additional offenses unless the lowest permissible sentence calculated on the scoresheet exceeds the statutory maximum. If the total sentence points are greater than or equal to 363, an alleged offender may receive a life sentence.
Are you facing felony DUI charges in South Florida? You will want to make sure that you have skilled legal representation who can not only challenge the scoresheet computations of the prosecutor but fight the charges you are facing.
Meltzer & Bell, P.A. aggressively defends clients in Greenacres, Royal Palm Beach, Wellington, Riviera Beach, Boca Raton, Boynton Beach, Jupiter, Delray Beach, Palm Beach Gardens, West Palm Beach, and Lake Worth. Our Palm Beach County felony drunk driving attorneys can review your case when you call (561) 515-5834 to schedule a free legal consultation.
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