Aggravated DUI in Florida Comes With Severe Penalties—Know What to Expect and How to Protect Yourself

Driving under the influence (DUI) is already a serious charge in Florida, but when certain aggravating factors are present, a DUI can be escalated to an aggravated DUI. This means more severe penalties, longer jail sentences, and significant consequences for your future. As someone who has defended many individuals against DUI charges in Florida, I can tell you that understanding the nuances of an aggravated DUI is crucial for anyone facing these charges.

In Florida, an aggravated DUI is not a separate charge but rather a DUI that involves additional circumstances making it more serious than a standard DUI. These aggravating factors can include having an extremely high blood alcohol content (BAC), causing injury or death, or having minors in the vehicle at the time of the offense.

What Makes a DUI “Aggravated” in Florida?

There are several aggravating factors that can elevate a DUI charge to an aggravated DUI. Each of these factors comes with its own set of legal complications and more severe penalties.

  1. High Blood Alcohol Content (BAC): Under Florida Statutes Section 316.193, the legal limit for blood alcohol content is 0.08%. However, if your BAC is 0.15% or higher, you are facing an aggravated DUI charge. The higher the BAC, the more dangerous the behavior is considered, and Florida law imposes harsher penalties for individuals with a BAC of 0.15% or above.

  2. Causing Injury or Death: A DUI that results in bodily injury, serious bodily injury, or death is automatically considered aggravated. Under Florida Statutes Section 316.193(3), if you cause injury to another person while driving under the influence, you could be charged with a third-degree felony. If the DUI results in death, it could be charged as DUI manslaughter, which is a second-degree felony or even a first-degree felony depending on the circumstances.

  3. DUI with a Minor in the Vehicle: If you are charged with a DUI while there is a minor (anyone under 18 years old) in the car, this can also result in aggravated DUI charges. Florida law considers this an aggravating factor because it puts a child’s life at risk.

  4. Multiple DUI Convictions: If you have prior DUI convictions on your record, the penalties for subsequent DUI charges can be significantly increased. A third or subsequent DUI within 10 years can result in a felony charge, even without other aggravating factors.

  5. Driving with a Suspended License: Being caught driving under the influence with a suspended or revoked license is another factor that can aggravate a DUI charge in Florida. This can lead to harsher penalties and longer jail time.

Penalties for Aggravated DUI in Florida

The penalties for an aggravated DUI in Florida depend on the specific aggravating factors involved. Regardless of the details, the consequences are always more severe than a standard DUI charge.

  1. Higher Fines: A standard DUI in Florida may result in fines ranging from $500 to $1,000. However, an aggravated DUI can result in fines as high as $2,000 or more, particularly if there are multiple aggravating factors, such as high BAC levels or having a minor in the vehicle.

  2. Increased Jail Time: While a first-time DUI offense may result in up to six months in jail, an aggravated DUI can lead to significantly more jail time. For example, if your BAC was 0.15% or higher, you could face up to nine months in jail, even for a first offense. If the DUI resulted in injury or death, the penalties can escalate to several years in prison.

  3. Longer License Suspensions: For a first-time DUI offense, your driver’s license may be suspended for up to six months. In the case of aggravated DUI, especially if you caused injury or death, you could lose your driving privileges for several years. In some cases, license revocation may be permanent.

  4. Ignition Interlock Device (IID): An aggravated DUI conviction may also require you to install an ignition interlock device (IID) on your vehicle. This device requires you to provide a breath sample before starting the car. If your BAC is detected above a certain limit, the vehicle will not start. This requirement can last for several months or even years, depending on the circumstances.

  5. Felony Charges: Aggravated DUI charges, especially those involving injury or death, can result in felony convictions. A third DUI within 10 years, a DUI causing serious injury, or a DUI manslaughter charge can all lead to felony convictions, which carry long-term consequences such as loss of civil rights and significant limitations on future employment.

How Hiring a Private Attorney Can Make a Difference in Aggravated DUI Cases

When facing an aggravated DUI charge in Florida, the stakes are incredibly high. The penalties can affect your freedom, finances, and future in ways that are difficult to recover from. Hiring a private attorney can make a significant difference in how your case is handled and the potential outcome.

One of the most critical advantages of hiring a private attorney is their ability to thoroughly investigate the circumstances of your case. A skilled defense attorney will analyze the evidence, including breathalyzer results, field sobriety tests, and the legality of the traffic stop. If law enforcement violated any of your rights, your attorney could challenge the admissibility of certain evidence, potentially leading to a reduction or dismissal of charges.

In aggravated DUI cases, an attorney can also work to mitigate the charges. This could involve negotiating a plea deal to reduce the charge from a felony to a misdemeanor, or advocating for alternative sentencing options such as probation, community service, or alcohol treatment programs. These alternatives could keep you out of jail and help protect your criminal record.

Additionally, a private attorney has the experience to navigate the complexities of DUI laws in Florida. They understand how to build a defense that challenges the prosecution’s evidence and presents your case in the best possible light. In many cases, an attorney can help you avoid the most severe penalties or negotiate for a reduced sentence.

Protecting Your Record and Future

Aggravated DUI charges can have long-term consequences that go beyond fines and jail time. A felony DUI conviction can limit your ability to find employment, secure housing, or even obtain loans. It can also result in the permanent loss of your right to vote or own firearms. That’s why it’s essential to have an attorney who can fight to protect your record.

Even if a conviction cannot be avoided entirely, a private attorney can work to minimize the damage to your criminal record. In some cases, it may be possible to have the conviction sealed or expunged after a certain period, allowing you to move forward without the burden of a permanent criminal record.

With the help of an experienced DUI defense attorney, you can protect your rights, your future, and your freedom.

Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. We serve all cities and all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.

FAQs

What is considered an aggravated DUI in Florida?

An aggravated DUI in Florida involves circumstances that make the DUI more severe than a standard DUI. Common aggravating factors include having a BAC of 0.15% or higher, causing injury or death, having a minor in the vehicle, driving on a suspended license, or having multiple prior DUI convictions. These factors result in harsher penalties, including longer jail time, higher fines, and potential felony charges.

Can I avoid jail time if I’m charged with an aggravated DUI?

While aggravated DUI charges come with more severe penalties, it may be possible to avoid jail time through charge mitigation. A skilled DUI defense attorney can work to reduce the charges, negotiate a plea deal, or advocate for alternative sentencing options such as probation, alcohol treatment programs, or community service. However, the ability to avoid jail time will depend on the specifics of your case, including the presence of any aggravating factors.

What are the long-term consequences of an aggravated DUI conviction?

An aggravated DUI conviction can have long-term consequences that extend beyond jail time and fines. Felony convictions can limit your ability to find employment, obtain professional licenses, or secure housing. You may also lose your civil rights, such as the right to vote or own firearms. Additionally, your insurance rates will likely increase, and your driver’s license may be suspended or revoked for an extended period.

How does a high BAC affect my DUI charge in Florida?

In Florida, if your BAC is 0.15% or higher, you will face enhanced penalties for DUI. This can include higher fines, longer jail sentences, and the requirement to install an ignition interlock device (IID) on your vehicle. The higher your BAC, the more dangerous your behavior is considered, and the more severe the penalties will be.

Is DUI manslaughter the same as aggravated DUI?

DUI manslaughter is a type of aggravated DUI that occurs when a person causes the death of another individual while driving under the influence. DUI manslaughter is a second-degree felony in Florida, punishable by up to 15 years in prison. However, in cases where the driver left the scene of the accident, the charge can be elevated to a first-degree felony, which carries even more severe penalties.

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If you or someone you know is facing an aggravated DUI charge in Florida, it’s crucial to act quickly. The penalties for an aggravated DUI are severe, but with the right legal defense, you can protect your future and avoid the harshest consequences. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.