Understanding Aggravated DUI Charges in Florida
A DUI charge is always serious, but when aggravating factors are involved, the consequences become much more severe. An aggravated DUI in Florida carries harsher penalties than a standard DUI, including longer jail sentences, higher fines, and extended license suspension.
If you are facing aggravated DUI charges, it is crucial to understand what makes a DUI aggravated, the potential penalties, and how legal representation can help you fight the charges.
What Is an Aggravated DUI in Florida?
An aggravated DUI occurs when a person is charged with driving under the influence while certain aggravating factors are present. These factors make the offense more serious and increase the penalties.
Common Aggravating Factors in a DUI Case
Several specific aggravating factors can lead to an aggravated DUI charge, including:
- High blood alcohol content (BAC) – A BAC of 0.15% or higher
- DUI with a minor passenger – Driving under the influence with a child in the vehicle
- Causing injury or property damage – DUI that results in bodily injury or property damage
- Repeat offenses – Multiple prior DUI convictions within a certain period
- Driving on a suspended license – DUI while already having a suspended or revoked license
- DUI manslaughter – A DUI that results in a fatality
Each of these factors increases the severity of the offense and may lead to enhanced penalties.
Penalties for Aggravated DUI
The penalties for aggravated DUI in Florida depend on the specific aggravating factors involved, as well as any prior DUI convictions. Some of the most common penalties include:
- Jail time – Sentences range from months to several years, depending on the offense
- License suspension – A driver’s license may be suspended for a longer period
- Hefty fines – Fines for aggravated DUI are significantly higher than those for a standard DUI
- Community service – Courts often require mandatory community service
- Mandatory alcohol education – Offenders may be required to complete DUI school or substance abuse treatment
- Ignition interlock device – A device may be installed in the driver’s vehicle to prevent operation if alcohol is detected
Felony DUI and More Severe Penalties
An aggravated DUI can be charged as a felony DUI if it involves:
- Third DUI within 10 years (third-degree felony)
- Fourth DUI, regardless of the time frame (third-degree felony)
- DUI manslaughter (second-degree felony)
- DUI causing serious bodily injury (third-degree felony)
Felony DUI convictions result in more severe penalties, including up to five years in prison, permanent criminal record implications, and difficulty securing future employment.
How an Aggravated DUI Conviction Can Impact Your Life
A DUI arrest can have immediate legal penalties, but an aggravated DUI conviction can carry severe consequences that impact your personal and professional life for years. Some of the long-term effects include:
- Permanent criminal record – Making it harder to secure jobs or housing
- Increased insurance rates – Higher premiums due to a DUI on your record
- Strained personal relationships – DUI allegations can affect family and friendships
- Loss of driving privileges – A long-term or permanent license suspension
How to Fight Aggravated DUI Charges
If you are facing aggravated DUI charges in Florida, it is critical to seek legal representation immediately. A skilled DUI defense attorney can:
- Challenge breath or blood tests for accuracy
- Investigate whether law enforcement followed proper procedures
- Argue against the presence of certain aggravating factors
- Negotiate for reduced charges or alternative sentencing
Contact an Experienced Attorney for Help
Fighting an aggravated DUI case requires a strong legal strategy. If you have been charged with aggravated DUI in Florida, contact a skilled attorney as soon as possible to discuss your options and protect your future.
Learn more about aggravated DUI charges in Florida. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward fighting your DUI charges.
FAQ
1. What is the difference between a standard DUI and an aggravated DUI in Florida?
A standard DUI involves driving under the influence without additional aggravating factors. An aggravated DUI involves factors such as a high BAC, bodily injury, or repeat offenses, leading to enhanced penalties.
2. Can an aggravated DUI be reduced to a lesser charge?
Yes, with the help of an experienced attorney, an aggravated DUI charge may be reduced to a standard DUI or reckless driving, depending on the circumstances.
3. Will I lose my driver’s license if convicted of aggravated DUI?
Yes, aggravated DUI convictions often result in longer license suspensions compared to standard DUI offenses.
4. How long does a DUI conviction stay on my record in Florida?
A DUI conviction in Florida remains on your record permanently and cannot be expunged.
5. What should I do if I have prior DUI convictions and am charged with aggravated DUI?
If you have prior DUI convictions, you should seek legal representation immediately. Repeat offenders face significantly harsher penalties, including longer jail time and felony charges.
