Aggravating Factors in a Florida DUI

Miami beach

A first DUI offense in Florida is a misdemeanor, punishable by a maximum jail term of six months, up to one year of driver’s license suspension, and a fine not exceeding $1,000. But if any aggravating factors are involved, then a first-time DUI can lead to increased penalties or a felony charge. 

The following are the most common aggravating factors of a Florida DUI: 

  • High blood alcohol content (BAC) – The legal limit in Florida is a BAC of .08 percent. However, if your BAC is at least .15 percent, which is nearly double the limit, you will be charged with an aggravated misdemeanor DUI, which carries a jail sentence of up to nine months, driver’s license suspension for up to one year, and a maximum fine of $2,000. 

  • Child passenger – If you were driving with a minor in the car when you were arrested for DUI, you may be charged with an aggravated misdemeanor DUI. 

  • Serious injury – If you were involved in an accident that resulted in a serious bodily injury suffered by someone else at the time of your DUI arrest, you will be charged with a third-degree felony, which can lead to imprisonment for up to five years, a fine no more than $5,000, and victim restitution. 

  • Death – If you were involved in an accident that led to someone else’s death at the time of your DUI arrest, then you will be charged with a second-degree felony, punishable by imprisonment for up to 15 years, a maximum fine of $10,000, and victim restitution. 

No matter what type of aggravating factors exist in your alleged offense, you need an experienced criminal defense lawyer to help you avoid serious penalties at all costs. Do not hesitate to let the Law Office of Armando J. Hernandez, P.A. fight for the best possible outcome on your behalf. 

If you have been arrested for an aggravated DUI in Miami, contact us today at (305) 400-0074 and schedule a free consultation today. We are available 24/7.