Understanding Aggravated DUI and Felony DUI in Florida: Key Differences and Legal Ramifications

Driving under the influence (DUI) is a serious offense in Florida, but some situations elevate the charges to aggravated DUI or felony DUI. As a Florida DUI defense lawyer, I want to help you understand the critical differences between these charges, what factors lead to an aggravated DUI, and how Florida law treats these offenses. Facing either charge can be daunting, but knowing the law is the first step in building a strong defense.

What Is Aggravated DUI in Florida?

An aggravated DUI occurs when specific factors make a DUI offense more severe. These factors do not change the nature of the offense itself (driving under the influence) but significantly heighten its severity. In Florida, some common aggravating circumstances include:

  • A High Blood Alcohol Concentration (BAC): If your BAC is 0.15% or higher, it is considered an aggravated offense under Florida law.
  • Having a Minor in the Vehicle: Driving under the influence with a passenger under 18 years old is treated as aggravated DUI.
  • Property Damage or Injury: Causing property damage or injury to another person while driving under the influence can elevate a DUI to aggravated status.

Florida Statute §316.193 outlines the legal consequences for aggravated DUI, imposing stricter penalties for offenders. These penalties may include higher fines, longer license suspensions, mandatory ignition interlock devices, and extended jail time.

What Is a Felony DUI in Florida?

While aggravated DUI refers to enhanced circumstances surrounding a single DUI charge, felony DUI is determined based on prior offenses or significant harm caused by the incident. In Florida, a DUI can escalate to a felony under the following conditions:

  • Third DUI Within 10 Years: If you are arrested for a third DUI within a 10-year span, it is classified as a third-degree felony.
  • Fourth or Subsequent DUI: Any fourth or later DUI offense is automatically a felony, regardless of the time elapsed between offenses.
  • DUI Manslaughter: Causing the death of another person while driving under the influence is charged as DUI manslaughter, a second-degree felony, under Florida Statute §316.193(3)(c)(3).
  • Serious Bodily Injury: If the DUI results in serious bodily injury to another person, it is classified as a third-degree felony.

Key Differences Between Aggravated DUI and Felony DUI

Understanding the distinction between aggravated and felony DUI is essential for anyone facing these charges.

  1. Nature of the Offense:

    • Aggravated DUI focuses on circumstances that increase the severity of a single DUI offense (e.g., high BAC or minors in the car).
    • Felony DUI arises from repeated offenses or severe outcomes like death or serious injury.

  2. Severity of Penalties:

    • Aggravated DUI penalties include enhanced fines, jail time, and stricter probation requirements but remain misdemeanors in most cases.
    • Felony DUI carries long-term consequences, including imprisonment for up to 15 years, hefty fines, and a permanent criminal record.

  3. Duration of Impact:

    • Aggravated DUI may lead to temporary consequences like license suspension or probation.
    • Felony DUI results in lifelong consequences, such as loss of voting rights and difficulty securing employment.

Penalties for Aggravated DUI in Florida

The penalties for aggravated DUI are more severe than standard DUI offenses and depend on the aggravating factor:

  • High BAC (0.15% or Higher): Fines can reach up to $2,000 for a first offense and mandatory ignition interlock devices may be imposed.
  • Minors in the Vehicle: A first offense can lead to up to nine months in jail and a fine of $1,000 to $2,000.
  • Injury or Property Damage: A first-degree misdemeanor with penalties of up to one year in jail and fines up to $1,000.

Penalties for Felony DUI in Florida

Felony DUI penalties are harsher and can include:

  • Third-Degree Felony DUI: Up to five years in prison, fines up to $5,000, and a minimum 10-year license revocation.
  • DUI Manslaughter: Up to 15 years in prison, fines up to $10,000, and permanent license revocation.
  • Serious Bodily Injury: Up to five years in prison and fines up to $5,000.

Building a Defense Against Aggravated or Felony DUI Charges

Fighting aggravated or felony DUI charges requires a strong legal defense. Strategies may include:

  • Challenging the accuracy of breathalyzer or blood test results.
  • Questioning the legality of the traffic stop.
  • Presenting evidence that mitigating circumstances contributed to the incident.

Each case is unique, and it’s critical to work with a Florida DUI lawyer who understands the complexities of these charges.

FAQs About Aggravated DUI and Felony DUI in Florida

What constitutes an aggravated DUI in Florida?
An aggravated DUI involves circumstances that make a DUI offense more severe, such as a BAC of 0.15% or higher, having a minor in the vehicle, or causing injury or property damage. These factors increase the penalties under Florida Statute §316.193.

How does a felony DUI differ from an aggravated DUI?
Felony DUI is based on the offender’s history or the harm caused (e.g., repeated offenses or fatalities). Aggravated DUI focuses on the context of a single DUI charge, such as high BAC or minors in the car.

What are the penalties for a third DUI in Florida?
A third DUI within 10 years is a third-degree felony, punishable by up to five years in prison, fines up to $5,000, and a minimum 10-year license revocation.

Can a first DUI be considered a felony in Florida?
A first DUI typically isn’t a felony unless it involves serious injury or death, such as in cases of DUI manslaughter or serious bodily injury.

Can a DUI charge be reduced in Florida?
In some cases, a DUI charge may be reduced to reckless driving if evidence is insufficient or procedural errors occurred. An experienced Florida DUI lawyer can evaluate your case for such opportunities.

How can a Florida DUI lawyer help with aggravated DUI charges?
A lawyer can challenge the evidence, question the validity of the traffic stop, and negotiate for reduced penalties. Having legal representation is crucial for navigating the complexities of these charges.

What is considered serious bodily injury in a DUI case?
Serious bodily injury involves significant harm to another person, such as permanent disfigurement or impairment, and is classified as a third-degree felony under Florida Statute §316.193(3)(c)(2).

Are there mandatory minimum sentences for felony DUI in Florida?
Yes, felony DUI convictions often carry mandatory minimum sentences, especially for DUI manslaughter or multiple offenses.

What happens if a minor is in the car during a DUI in Florida?
Driving under the influence with a minor in the car is treated as an aggravated DUI. Penalties include higher fines, longer jail time, and mandatory ignition interlock devices.

Can you expunge an aggravated or felony DUI in Florida?
DUI convictions generally cannot be expunged or sealed in Florida. However, some cases involving reduced charges may qualify.

Call 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.