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Aggravated DUI Defense You Can Trust

Aggravated DUI Attorney in Miami

Take Action After an Aggravated DUI Charge in Miami

Facing an aggravated DUI charge in Miami can impact your life, career, and future. Florida’s strict laws bring higher penalties and long-term consequences, so choosing the right aggravated DUI attorney in Miami matters. 

At Law Office of Armando J. Hernandez, P.A., we guide you through every step, answer your questions, and dedicate our resources to helping you make informed decisions. Our team understands the stress you may feel, and we work to provide clarity and direction throughout your case.

Contact an experienced aggravated DUI attorney in Miami immediately. We offer 24/7 availability—Call (305) 400-0074 or reach out online for your free consultation. ¡Hablamos español!

Understanding Florida Aggravated DUI Laws

Aggravated DUI is a term used to describe a standard DUI (F.S. 316.193) with one or more statutory enhancers that elevate the offense severity, often leading to mandatory prison sentences under Florida's Criminal Punishment Code (CPC) scoresheet.

The Three Most Serious Aggravating Factors

  • DUI Causing Serious Bodily Injury (Serious SBI): (Third-Degree Felony) Charged when the impairment causes or contributes to an injury that creates a substantial risk of death, serious personal disfigurement, or the loss or impairment of the function of any bodily member or organ. This carries up to five years in prison.
  • DUI Manslaughter: (Second-Degree Felony) Charged when the impaired driving causes the death of a human being. Penalties include up to 15 years in state prison and a mandatory minimum sentence of four years. If the driver leaves the scene, the charge is elevated to a First-Degree Felony.
  • Repeat Felony DUI: (Third-Degree Felony) Any fourth or subsequent DUI conviction, regardless of when the prior offenses occurred, is automatically charged as a felony. A third offense within ten years is also a felony.

Successfully defending against these charges requires a precise and technical Miami aggravated DUI defense lawyer focused on dismantling the State's case on two fronts: causation and impairment.

Penalties of Aggravated DUI Convictions in Miami

A conviction for Aggravated DUI in Florida triggers the harshest penalties under the CPC scoresheet, often resulting in mandatory prison time for even first-time felony offenders.

Direct Criminal Penalties

  • DUI with Serious SBI (Felony 3rd Degree): Up to five years in prison and a fine up to $5,000. Under the sentencing guidelines (CPC), the minimum prison sentence can easily reach 4 to 5 years even with no prior record.
  • DUI Manslaughter (Felony 2nd Degree): Up to 15 years in state prison, plus mandatory minimum 4 years in prison.
  • Mandatory IID: Mandatory installation of an Ignition Interlock Device (IID) for multiple years upon re-licensing.

DMV and Collateral Consequences

  • License Revocation: A minimum three-year driver's license revocation for DUI with SBI, starting after any term of incarceration is completed. DUI Manslaughter carries permanent revocation.
  • Felony Record: A permanent felony record, impacting professional licenses, employment, and housing.
  • Restitution: Mandatory repayment of all medical expenses, lost wages, and financial losses incurred by the victim(s).

Our Comprehensive Approach to Aggravated DUI Defense

At the Law Office of Armando J. Hernandez, P.A., we provide a rigorous defense strategy built on experience and absolute dedication to our clients facing these devastating charges.

We are former prosecutors—this is our firm's core strategic advantage. We trained on the State Attorney's protocol for DUI Manslaughter and Serious SBI cases, giving us the unique ability to anticipate the prosecution's moves and challenge their forensic and causation theories.

Our firm offers unmatched client support and accessibility: we offer 24/7 availability, free consultations and bilingual services in English and Spanish. This ensures you have immediate access to a seasoned aggravated DUI attorney in Miami when the stakes are highest.

Defense strategies we utilize include:

  • Causation Defense: Proving the accident was not proximately caused by impairment.
  • Suppression of Blood Evidence: Challenging the legality of the blood draw warrant or errors in the lab analysis.
  • Challenging the SBI Threshold: Arguing the victim's injuries do not meet the legal definition of "Serious Bodily Injury."
  • Rising BAC Defense: Proving the client's BAC was below the legal limit at the time of driving.

Why Work with Our Miami Aggravated DUI Lawyers

Law Office of Armando J. Hernandez, P.A. stands out for our focused approach, extensive experience with aggravated DUI cases, and strong communication with clients. Led by Armando J. Hernandez, a former Miami prosecutor with over 20 years in Florida criminal law, we offer a practical understanding of how both sides approach DUI prosecutions. 

Choosing an aggravated DUI attorney in Miami with knowledge of local courts helps you anticipate challenges and respond with confidence.

  • Direct guidance: We keep you updated and explain your options in plain language, so you always know where your case stands.
  • Personalized service: Our boutique practice means you receive thoughtful attention and tailored strategies—not a one-size-fits-all response.
  • Around-the-clock support: You can reach our team 24/7 when you need reliable answers or urgent help.
  • Notable recognition: Recognition by respected groups—including The National Trial Lawyers: Top 100 Trial Lawyers—reflects our commitment to quality criminal defense in Miami.
  • Bilingual service: We serve Miami’s diverse community with Spanish-language support when needed.

Our knowledge of Miami’s neighborhoods and criminal court system helps us create strategies that fit your legal situation. We consider details that affect aggravated DUI charges—including traffic stop locations and how local communities may influence a prosecutor's approach. 

Each client matters to us, and we adapt our approach for your personal needs and background, making sure your questions never go unanswered.

We are available 24/7 and can communicate in Spanish as needed. Call (305) 400-0074 or fill out this online form now to take the next step and receive answers from a Miami defense team dedicated to giving your case the attention it deserves.

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What Sets Us Apart From The Rest?

Law Office of Armando J. Hernandez, P.A. is here to help you get the results you need with a team you can trust.

  • Antiguo fiscal del estado
  • Más de 20 años de experiencia
  • Enfoque exclusivo en defensa criminal
  • Revisión inicial gratuita del caso
  • Disponible 24/7
  • Miles de casos manejados exitosamente

The Legal Process for Aggravated DUI Charges in Miami

If police arrest you for aggravated DUI in Miami, the legal process moves quickly. You often must attend an initial court appearance, called an arraignment, just days after arrest. 

Miami-Dade’s courts follow a fast pace, making immediate legal guidance from an aggravated DUI attorney in Miami a priority for your defense. Building a clear case and understanding your rights is critical as soon as the process begins.

  • Arrest & booking: Miami-Dade authorities will record your charges and details shortly after arrest.
  • Arraignment: You may need to appear before a local judge where the nature of the charge is formally presented.
  • Pretrial motions & hearings: Strict timelines and procedures apply, and our team works to keep you informed every step of the way.
  • Plea discussions or trial: Depending on the facts of your case and your goals, you may face negotiation or a courtroom trial.

Administrative license hearings often take place soon after DUI arrests in Miami. These proceedings run separately from the criminal case and can affect your ability to drive while the charge is pending. 

Local courts require that you meet deadlines for filings, appearance dates, and sometimes educational or assessment requirements. Our team stays alert to Miami-Dade’s specific processes, keeping you equipped and prepared so you make timely decisions at every phase.

Our Approach to Defending Aggravated DUI Cases

Our team combines prosecutorial knowledge and client-focused communication to help you through every phase of an aggravated DUI case. We take time to review all details from bond hearings to post-arrest requirements, making the legal process less stressful and easier to follow.

The boutique size of our firm means you get direct access to our aggravated DUI lawyers in Miami, not just support staff. Every client receives the full benefit of our team’s legal experience. 

We let you know what to expect at each turn, answer your concerns, and adjust our advice to your needs as the case develops. When you work with us, you always receive straightforward guidance and regular updates about your situation.

FAQs

What factors turn a DUI into an aggravated charge in Miami?

Common aggravators include a BAC of 0.15% or higher, causing an accident that results in injury, having children in the car, or prior DUI convictions. These circumstances raise the level of offense and possible penalties.

Will an aggravated DUI in Florida always lead to jail time?

While aggravated DUIs carry stiff penalties, outcomes vary based on the details, prior history, and case strategy. Sentencing can include jail, probation, fines, or other consequences.

How quickly do I need to act after an aggravated DUI arrest in Miami?

Acting promptly is critical because Miami-Dade courts process DUI cases on tight schedules. Early action helps preserve defenses and meet important deadlines.

Can I drive while my aggravated DUI case is pending?

Your license status depends on the specifics of your arrest and any administrative suspensions. Some drivers can apply for restricted or hardship licenses but this is determined by state guidelines and individual eligibility.

Should I speak with law enforcement after my arrest?

You have the right to remain silent and request an attorney. Many people choose to speak only with their lawyer present to avoid making statements that may impact their case.

Contact Our Aggravated DUI Lawyers in Miami for Support & Answers

If you or a loved one faces an aggravated DUI charge, the right guidance can help you move forward with confidence. Reach out to Law Office of Armando J. Hernandez, P.A. to discuss your legal situation and learn about your options. 

Our aggravated DUI attorneys in Miami combine years of courtroom knowledge, direct updates, and personalized attention—so you remain informed and supported throughout your case.

  • No hay tiempo de cárcel 3er DUl
  • No Jail Time 3rd DUl
  • Acquitted Aggravated Assault with a Deadly Weapon
  • Dismissed Aggravated Battery of a Pregnant Woman
  • Dismissed Aggravated Battery with a Deadly Weapon