Aggravated DUI Defense Attorneys in Florida

A DUI charge in Florida becomes much more serious when aggravating factors are involved, such as a high blood alcohol level, an accident with injury, or having a minor in the vehicle. These cases carry enhanced penalties that can include longer jail sentences, higher fines, and potential felony charges.

At Roussos Law Group, we defend clients facing aggravated DUI charges throughout Florida. Our firm understands how prosecutors build these cases — and how to identify procedural and evidentiary weaknesses to protect your rights.

Understanding Aggravated DUI Charges in Florida

Under Florida Statute §316.193(3) and §316.193(4), a DUI may be charged as “aggravated” if certain factors are present at the time of arrest or crash. These enhancements can elevate a misdemeanor DUI to a felony offense, substantially increasing penalties and long-term consequences.

Common aggravating factors include:

  • BAC of 0.15% or higher
  • Accident resulting in property damage, injury, or death
  • Minor passenger (under age 18) in the vehicle
  • Prior DUI convictions
  • Driving with a suspended or revoked license

 

Each of these circumstances can trigger sentencing enhancements, mandatory minimums, or additional sanctions such as ignition interlock devices and community service requirements.

Florida Penalties and Legal Consequences for Aggravated DUI

The penalties for an aggravated DUI depend on the nature of the aggravating factor and whether injuries or fatalities occurred.

Possible penalties include:

  • Fines up to $4,000 for high-BAC or child-passenger cases
  • Jail time up to 12 months for enhanced misdemeanors
  • Felony charges for DUI with serious bodily injury or death
  • License revocation from 1 year to permanent revocation
  • Mandatory ignition interlock for at least 6–24 months
  • Probation and community service requirements
  • Vehicle impoundment for 10–90 days
  • Completion of DUI School and substance abuse treatment

 

If the DUI resulted in serious bodily injury, it becomes a third-degree felony punishable by up to 5 years in prison (§316.193(3)(c)(2)).

If the DUI caused a fatality, it can be charged as DUI manslaughter, a second-degree felony carrying up to 15 years in prison (§316.193(3)(c)(3)).

This summary is provided for general educational purposes and may not reflect the most recent statutory updates. Always consult an attorney for guidance about your specific situation.

How Roussos Law Group Can Help

Aggravated DUI cases often involve technical evidence such as crash reconstruction reports, toxicology results, and medical testimony. At Roussos Law Group, we meticulously evaluate every detail of your case to ensure the evidence meets Florida’s strict legal standards.

Our team reviews:

  • Probable cause for the initial stop or arrest
  • Accuracy and reliability of breath or blood testing
  • Causation evidence linking alcohol to injury or crash
  • Chain of custody for toxicology samples
  • Procedural errors by officers or accident investigators

 

Because aggravated DUIs often carry felony exposure, you need a defense strategy focused on both legal accuracy and damage control. Our DUI Defense Lawyers understand how the State seeks to prove aggravating factors — and how to effectively counter them.

Steps to Take After an Aggravated DUI Arrest

If you’ve been charged with an aggravated DUI, time is critical. Here’s what you should do immediately:

  • Contact a DUI defense attorney as soon as possible.
  • Do not speak to investigators or insurance representatives without legal counsel.
  • Request a DHSMV hearing within 10 days to challenge license suspension.
  • Document all accident details, including photos, witnesses, and medical reports.
  • Enroll in DUI School if required for reinstatement eligibility.
  • Avoid social media posts or statements about the incident.

Frequently Asked Questions

What qualifies as an aggravated DUI in Florida?

Any DUI involving a BAC over 0.15%, an accident causing injury or property damage, or a child passenger under 18 can be considered aggravated.

Can I go to jail for an aggravated DUI?

Yes. Even first-time offenders with aggravating factors may face mandatory jail time or felony sentencing.

Is an aggravated DUI a felony?

It can be. DUIs involving serious injury or death are classified as felonies under §316.193(3)(c).

Will I lose my license permanently?

Possibly. DUI, manslaughter, or multiple convictions can result in permanent revocation under §322.28.

Can I get a hardship license after an aggravated DUI?

Eligibility depends on the specific charge and court conditions. An attorney can advise whether reinstatement is possible.

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Frequently Asked Questions

What qualifies as an aggravated DUI in Florida?

Any DUI involving a BAC over 0.15%, an accident causing injury or property damage, or a child passenger under 18 can be considered aggravated.

Can I go to jail for an aggravated DUI?

Yes. Even first-time offenders with aggravating factors may face mandatory jail time or felony sentencing.

Is an aggravated DUI a felony?

It can be. DUIs involving serious injury or death are classified as felonies under §316.193(3)(c).

Will I lose my license permanently?

Possibly. DUI, manslaughter, or multiple convictions can result in permanent revocation under §322.28.

Can I get a hardship license after an aggravated DUI?

Eligibility depends on the specific charge and court conditions. An attorney can advise whether reinstatement is possible.