Getting arrested for DUI is scary enough, until you find out that your charges could get much worse. In Jacksonville, Florida, certain factors can turn your misdemeanor DUI into a felony with harsher penalties.
If you’re dealing with a DUI, you must understand how your existing charges could get aggravated so you may avoid this trouble.
What makes a DUI an "aggravated" DUI in Florida?
Florida law treats some DUIs more seriously than others. When specific circumstances are present, your case becomes an aggravated DUI. This usually means felony charges instead of misdemeanor ones.
The most serious type happens when you hurt someone badly while driving drunk. Florida calls this a third-degree felony under state law 316.193.
Four ways your DUI becomes aggravated
There are some circumstances that can make your DUI aggravated. They are:
- Someone gets seriously hurt or killed: If you injure another person while driving under the influence, you face felony charges. "Serious bodily injury" means harm that could cause death, permanent scars or long-term disability. If your drunk driving results in the death of another person, you’ll be charged with DUI manslaughter, a felony that can be charged in the second or first degree.
- You have a child in your car: Driving drunk with anyone under 18 in your vehicle makes your DUI a felony. Florida protects children by treating this as child endangerment.
- You're a repeat offender: Multiple DUI convictions lead to harsher treatment. Your third DUI within 10 years of the last conviction becomes a third-degree felony, even without other aggravating factors. A fourth DUI, regardless of the amount of time in between the offenses, is also a third-degree felony.
- Your license was already suspended: If you drive drunk while your license is suspended for a previous DUI, you face enhanced charges. This shows a pattern of ignoring court orders.
Understanding these factors helps you grasp what you're facing. Aggravated DUI charges can change your life. You might face years in prison, thousands of dollars in fines and a permanent felony record.
Getting the help you need
If you're facing DUI charges in Jacksonville, don't handle it alone. An experienced DUI attorney knows Florida law and can protect your rights. Your lawyer will review every detail and look for ways to reduce charges.
Time matters in DUI cases. Speaking with an attorney who can give you legal counsel as early possible helps you protect your future and avoid an aggravated DUI.