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Aggravating Factors in a DUI Case

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A charge of driving under the influence (DUI) should always be taken extremely seriously in Florida. However, you should consider your charge to be especially serious if there are certain factors present in your case that can result in charges of “aggravated DUI.” Aggravated DUI charges can come about for several reasons and depending on the allegations against you, you could face either misdemeanor or felony charges. The following are some of the factors that can lead to aggravated DUI charges and consequences.

Aggravated DUI – Misdemeanor

After an arrest for DUI, the law allows prosecutors to issue misdemeanor charges of aggravated DUI (also can be known as enhanced DUI) if any of the following factors are present:

  • You had a blood alcohol content (BAC) of more than 0.15 percent (almost twice the legal limit of 0.08 percent)
  • One of more passengers in the vehicle at the time of the DUI stop were minors
  • You caused an accident with minor injuries in the course of your DUI

The possible jail sentence for an aggravated misdemeanor DUI can be increased from 180 days to 270 days and the maximum fine can go from $500 to $1,000. In addition, once you get your driver’s license reinstated, you may have to have an ignition interlock in your vehicle for six months.

Aggravated DUI – Felony

A DUI charge can become a felony in Florida under different circumstances, which can include:

  • Receiving a third DUI charge when your second DUI was within the past ten years
  • Receiving a fourth DUI or more, no matter how long ago your previous charge occurred
  • You caused serious bodily injury in the course of your DUI
  • You caused or contributed to the death of another person in the course of your DUI (DUI manslaughter)

For aggravated felony DUI, you can face up to five years in prison and up to a $5,000 fine, along with many other consequences.

Contact a Highly Experienced St. Petersburg DUI Defense Attorney Today

If you have been arrested for DUI, your very first call should be to a skilled DUI defense attorney who understands the relevant laws in Florida. Whether you are facing DUI, aggravated DUI, or DUI manslaughter charges, the experienced defense team at Khonsari Law Group in St. Petersburg can help you. Please call our office today at 727-269-5300 for more information about how we can assist you.

1 https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

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