Nocatee Aggravated DUI Defense Lawyer

What Can Make a Florida DUI Charge More Serious?

Florida Statute 316.193 addresses circumstances that can change the classification or potential penalties associated with a DUI. The consequences depend on the charging provision, prior record, test evidence, alleged harm, and other case-specific facts.

Factors that may elevate a DUI allegation include:

• High alcohol reading: A blood-alcohol or breath-alcohol level of at least 0.15 can trigger enhanced penalties.
• Minor passenger: Having a passenger younger than 18 can also result in enhanced penalties.
• Prior convictions: The number and dates of earlier DUI convictions may affect charging and sentencing.
• Property damage or injury: Separate statutory provisions address DUI causing property damage, non-serious injury, or serious bodily injury.
• Death allegations: A fatal crash may lead to a DUI manslaughter charge.

One Arrest Can Lead to Two Separate Proceedings

A DUI arrest can create two proceedings with different rules and timelines. Taking action in the criminal case doesn’t automatically protect your driving privileges, while contesting an administrative license suspension doesn’t resolve the criminal charge.

The Criminal Court Case

The court process may include arraignment, evidence exchange, pretrial motions, negotiations, hearings, and trial. Depending on the charge and prior record, potential consequences include incarceration, fines, probation, community service, DUI education, vehicle restrictions, an ignition interlock device, and license suspension or revocation.

The Administrative License Matter

An administrative license suspension may follow a breath or blood alcohol result at or above the applicable legal limit or a refusal to submit to testing. A driver generally has 10 days after receiving notice of the suspension to request formal or informal review, although the available options depend on the circumstances. We assess this deadline separately from the criminal court schedule.