A standard driving under the influence (DUI) charge in Florida is already serious, but when certain aggravating factors are present, such as having a child in the car, causing a crash with injuries, or having a prior DUI conviction, the stakes become much higher. You could be facing a felony aggravated DUI, which carries severe penalties, including mandatory jail time, lengthy license suspension, and a permanent criminal record.
At Problems? Pick Porter!™, we understand how devastating these charges can be for your future, your freedom, and your family. Our Jacksonville aggravated DUI lawyer has the experience, resources, and insight to fight aggressively on your behalf. Whether this is your second or third DUI or you are facing enhanced charges for the first time, do not wait to get the legal representation you need from a skilled DUI attorney.
What Is an Aggravated DUI?
Under Florida law, a DUI becomes aggravated when there are additional elements that make the offense more dangerous or harmful in the eyes of the court. These aggravating factors increase the potential penalties and may elevate the charge from a misdemeanor to a felony.
Common aggravating circumstances include:
- High blood alcohol concentration (BAC): A BAC of 0.15 percent or higher (nearly twice the legal limit of 0.08 percent) can result in enhanced penalties
- DUI with a minor passenger: Driving under the influence with a child under the age of 18 in the car is a major aggravating factor
- DUI causing injury or death: If the DUI incident involved an accident in which someone was injured or killed, charges may escalate to felony DUI or DUI manslaughter
- Multiple DUI convictions: If you have prior DUI convictions on your record, especially within the last 10 years, you may face felony charges and mandatory jail time
- Driving with a suspended license: If you were already driving on a suspended or revoked license due to a prior DUI, your new charge could be significantly enhanced
Each of these circumstances is taken seriously by prosecutors, and if you are convicted, the long-term consequences could affect every aspect of your life. That is why it is essential to work with a Jacksonville lawyer who knows how to challenge the evidence and build a strategic defense in an aggravated DUI case.
DUI Penalties Are Harsher With Aggravating Factors
In aggravated DUI cases, the law gives judges more authority to impose maximum punishments. While a first-time DUI might lead to a short jail sentence or probation, an aggravated DUI often results in harsher consequences. Some of the penalties you may face include:
- Increased fines: Up to $2,000 or more for a first offense with aggravating factors
- Mandatory jail time: At least nine months, and possibly years, depending on the severity
- Felony record: A third DUI in 10 years, or a DUI involving serious bodily injury, is a third-degree felony
- Long-term license suspension: Up to 10 years, or permanent revocation in some cases
- Ignition interlock device: Mandatory for at least six months or longer
- Vehicle impoundment: Seizure of your vehicle for up to 90 days
A felony DUI conviction also means you could lose civil rights, such as voting and firearm ownership, and have far greater difficulty finding employment or housing.
Our aggravated DUI lawyers in Jacksonville know how to fight back against these serious charges. We investigate every angle of your case—from the legality of the stop to the validity of chemical testing—and look for opportunities to weaken the prosecution’s claims.
The 10-Day Rule Still Applies in Aggravated DUI Cases
Even when facing felony charges, the administrative side of a DUI arrest still moves quickly. The state’s 10-day rule means you have just 10 calendar days from the date of your arrest to request a formal hearing with the Florida Department of Highway Safety and Motor Vehicles.
This hearing is separate from your criminal case and strictly concerns your driving privileges. If you do not act within the 10-day period, your driver’s license will be automatically suspended, regardless of how your criminal case unfolds. Our Jacksonville attorneys are familiar with aggravated DUI cases and can answer any questions you have about this process.
Call Our Aggravated DUI Attorneys in Jacksonville Today
Do not lose your license without a fight. Our Jacksonville aggravated DUI lawyer could help you file the proper paperwork, represent you at the hearing, and argue for your right to keep driving. Call Jason K.S. Porter, PA today for a free consultation.