Understanding Aggravated DUI, Its Consequences, and Key Differences From Felony DUI in Florida
When someone is charged with a DUI in Florida, the penalties are already severe. However, specific circumstances can make a DUI case even more serious, resulting in what’s known as an aggravated DUI. Aggravated DUI charges involve factors that elevate the offense, such as excessively high blood alcohol content (BAC), driving with a minor in the vehicle, causing property damage, or other aggravating conditions. It's crucial to understand how aggravated DUI differs from felony DUI because these terms are often misunderstood, yet they carry significantly different legal implications.
What Is Aggravated DUI in Florida?
Aggravated DUI occurs when certain factors make the offense more serious than a standard DUI. These circumstances typically involve greater risks to public safety or harm caused by the driver's actions. While aggravated DUI is not a specific statutory term in Florida, it generally refers to cases where aggravating factors are present.
Common factors that can elevate a DUI charge to an aggravated DUI include:
- High Blood Alcohol Content (BAC): A BAC of 0.15% or higher significantly increases penalties.
- Driving With a Minor in the Vehicle: If a person is driving under the influence with a passenger under the age of 18, the charges are enhanced.
- Property Damage or Bodily Injury: Causing an accident that results in property damage or minor injuries increases the severity of the offense.
- Driving With a Suspended or Revoked License: If someone is caught driving under the influence without a valid license, the offense is more severe.
Each of these factors amplifies the legal consequences, and courts often impose harsher sentences due to the increased risk or harm involved.
What Is Felony DUI in Florida?
Felony DUI refers to DUI offenses that meet certain criteria under Florida law, escalating them beyond a misdemeanor. In Florida, DUIs typically start as misdemeanors, but they can become felonies if specific thresholds are met.
According to Florida Statutes § 316.193, a DUI becomes a felony under the following circumstances:
- Third DUI Offense Within 10 Years: If a person is convicted of a third DUI within ten years of a prior conviction, it becomes a third-degree felony.
- Fourth or Subsequent DUI Offense: A fourth DUI, regardless of when prior offenses occurred, is automatically a third-degree felony.
- DUI With Serious Bodily Injury: Causing serious bodily harm to another person elevates the charge to a third-degree felony.
- DUI Manslaughter: If a DUI results in the death of another person, the charge becomes DUI manslaughter, a second-degree felony, or first-degree felony in cases of hit-and-run.
Felony DUIs carry harsher penalties, including longer prison sentences, steeper fines, and more severe consequences for your driver’s license and criminal record.
Key Differences Between Aggravated DUI and Felony DUI
Understanding the distinction between aggravated DUI and felony DUI requires examining the nature of the offense and its consequences.
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Legal Definition and Severity:
- Aggravated DUI refers to enhanced penalties for specific factors in a DUI case.
- Felony DUI results from prior convictions or severe outcomes like serious injury or death.
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Circumstances:
- Aggravated DUI involves factors like high BAC or a minor in the vehicle.
- Felony DUI stems from repeated offenses or causing significant harm or death.
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Penalties:
- Aggravated DUI typically results in increased fines, longer probation, and mandatory installation of an ignition interlock device.
- Felony DUI can lead to years in prison, permanent revocation of a driver’s license, and lifelong consequences.
Aggravating Factors in DUI Cases
To fully grasp the gravity of aggravated DUI charges, let’s look closer at some aggravating factors:
- High BAC: A BAC of 0.15% or higher doubles potential fines and requires an ignition interlock device.
- Minor in the Vehicle: If a child is in the car, mandatory jail time increases, even for a first offense.
- Property Damage: DUI-related accidents involving property damage carry restitution obligations and potential civil lawsuits.
- Driving Without a License: Offenders face harsher penalties for driving without valid licensure while intoxicated.
Penalties for Aggravated DUI in Florida
Under Florida law, penalties for aggravated DUI depend on the nature of the aggravating factor and the offender’s prior record. Enhanced penalties may include:
- Jail time of up to nine months for a high BAC or minor passenger.
- Fines ranging from $1,000 to $2,000.
- Ignition interlock device installation for at least six months.
- Driver’s license suspension for an extended period.
- Community service requirements and mandatory DUI school.
These penalties increase with subsequent offenses or more severe circumstances, such as bodily injury or property damage.
Defending Against Aggravated DUI Charges
Building a defense against aggravated DUI charges requires a thorough review of the evidence and circumstances of the arrest. Possible defenses include:
- Challenging the Traffic Stop: If the officer lacked reasonable suspicion to stop you, the case might be dismissed.
- Questioning the BAC Results: Faulty equipment or improper administration of the test can invalidate results.
- Disputing Aggravating Factors: If there’s no evidence supporting claims like a high BAC or the presence of a minor, charges can be reduced.
The Impact of a DUI Conviction on Your Life
Both aggravated and felony DUI convictions can have long-lasting effects on your life. Beyond the criminal penalties, you may face increased insurance premiums, difficulty finding employment, and reputational harm.
If you’re charged with aggravated DUI or felony DUI, it’s essential to take the matter seriously and act quickly to protect your rights.
Aggravated DUI in Florida FAQs
What factors elevate a DUI to an aggravated DUI in Florida?
Aggravating factors include a BAC of 0.15% or higher, driving with a minor in the vehicle, causing property damage, or driving without a valid license. These factors make the offense more serious and result in harsher penalties, such as higher fines, longer license suspensions, and mandatory ignition interlock device installation.
Is aggravated DUI always a felony in Florida?
No, aggravated DUI is not necessarily a felony. It typically enhances the penalties of a misdemeanor DUI. However, if the offense involves serious bodily injury or multiple prior convictions, it can lead to felony charges.
What are the penalties for a first aggravated DUI offense in Florida?
For a first aggravated DUI offense, penalties may include up to nine months in jail, fines of up to $2,000, a license suspension of six months or more, and mandatory installation of an ignition interlock device. If the offense involves injury or significant property damage, additional penalties may apply.
How does a felony DUI differ from a misdemeanor DUI?
A felony DUI involves more severe circumstances, such as multiple prior offenses, serious bodily injury, or DUI manslaughter. Felony DUIs result in longer prison sentences, higher fines, and more significant long-term consequences, including permanent license revocation in some cases.
Can a DUI be reduced to a lesser charge in Florida?
Yes, in some cases, DUI charges can be reduced to reckless driving or dismissed entirely if the evidence is weak or procedural errors occurred during the arrest. Hiring an experienced Florida DUI lawyer is critical to exploring these possibilities.
What should I do if I’m charged with aggravated DUI in Florida?
Contact an experienced Florida DUI lawyer immediately. An attorney can review your case, challenge the evidence, and work to reduce or dismiss the charges. Prompt action is essential to protect your rights and build a strong defense.
Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation
If you or someone you know is facing aggravated DUI or felony DUI charges in Florida, you need an experienced legal team by your side. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of dedicated attorneys serving all 67 counties in Florida and is available 24/7/365 to help defend your rights.