In Florida, driving under the influence (DUI) of alcohol, opioids, medication, or even medication prescribed by a physician is a serious offense. However, under certain circumstances, the driver’s actions can enhance the charges, leading to the term aggravated DUI. Understanding the difference between a regular DUI and an aggravated DUI charge is critical if you want to stand a chance of either beating the allegations or reducing the penalties.

At JJK/LLC, our Fort Pierce aggravated DUI lawyer can help you explore the issues associated with these enhanced charges and understand what you did that led to them. We can also provide legal guidance on Florida’s statutes and work with you to fight these charges. Contact our experienced DUI attorneys today to discuss your case.

Factors Leading to an Aggravated DUI Charge

For context, any factor that makes a DUI more severe and increases the risk of harm, injury, or property damage is considered an aggravated form of the offense. These factors include:

  • Operating a vehicle with a minimum blood alcohol content (BAC) of 0.15 percent
  • A car crash caused by the driver’s inebriated state
  •  Having a minor who is younger than 18 years old in the car when driving under the influence
  • Causing property damage, bodily harm, or injury to passengers in the car, other road users, or victims while driving in an impaired state.
  • Causing injuries that ultimately lead to a loss of life
  • Being a repeat DUI offender with prior convictions, particularly when the last conviction is less than five or ten years ago
  • Driving under the influence while under probation, or with a revoked or suspended driver’s license

These enhanced violations of Florida’s DUI laws under Fla. Stat. § 316.193 often carry more severe penalties. Addressing these charges calls for the involvement of a Fort Pierce lawyer who is familiar with aggravated DUI cases and the legal and factual issues that frequently arise in them.

What are the Penalties for Aggravated DUI?

Because of the circumstances involved in many aggravated DUI cases, prosecutors often pursue felony DUI charges, which could lead to harsher consequences, such as incarceration in the County jail, or even prison, increased fines, sometimes up to $5,000, and completion of a state-approved DUI school program.

Courts may also require mandatory installation of an ignition interlock device (IID) in the offender’s vehicle. If the judge or prosecution determines that the offender poses a significant risk to public safety, they could suspend the driver’s license for an extended period or, in extreme cases, revoke the license for several years.

The court may also require enrollment in and completion of a substance abuse treatment program. Probation or community service could also apply. If the DUI results in severe losses, injuries, or property damage, the driver could face a prison sentence of up to five years.

The only way to fight these consequences or have them reduced is by hiring an experienced Fort Pierce aggravated DUI lawyer from JJK/LLC.

Possible Defense Against an Aggravated DUI Charge in Port Fierce

Skilled aggravated DUI attorneys understand the stakes in these cases and could develop defense strategies tailored to the facts to challenge the allegations, seek reduced charges, or pursue dismissal where appropriate. Common approaches include questioning the accuracy of breath or blood test results, particularly when testing errors appear in the record.

Another approach involves presenting evidence of mitigating circumstances that could have contributed to the driver’s impaired condition. The lawyer could also examine whether the traffic stop that led to the DUI charge complied with legal requirements.

Consult a Fort Pierce Aggravated DUI Lawyer Today

Do not lose hope because of an enhanced DUI charge. With a Fort Pierce Aggravated DUI lawyer from JJK/LLC in your corner, you can fight the allegations and, possibly, enjoy a satisfactory outcome.

Contact us to discuss your case.