Aggravated DUI Attorney in West Palm Beach, FL Addressing the Complexities of Enhanced Charges in Palm Beach County, Broward County, Martin County, and Throughout South Florida
Under Florida law, a defendant charged with DUI may face enhanced penalties due to aggravating circumstances in the case, such as the defendant’s prior DUI convictions or the fact that they caused a motor vehicle accident. An aggravated DUI conviction can have devastating consequences, including potential prison time and the stigma of a criminal record. When facing aggravated DUI charges, you need seasoned legal counsel who will vigorously advocate for your rights and interests. Contact BD Law today for an initial case evaluation to discuss your legal options for resolving an aggravated DUI in South Florida.
Understanding Aggravated DUI Charges Under Florida Law
A DUI offense may involve “aggravated” circumstances that can increase the potential penalties that a defendant may face following conviction. Common “aggravating” factors that may increase the seriousness of a DUI charge include:
- Having a blood alcohol content of 0.15 or more
- Having a minor passenger in the vehicle
- Causing an accident that results in property damage or injury
- Causing an accident that results in severe injuries or death
- Multiple DUI convictions, including offenses that occur close in time to one another
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Penalties for Aggravated DUI
When a defendant gets convicted of DUI involving aggravated circumstances, they may face enhanced penalties. For example, driving with a BAC of 0.15 or more or with a minor passenger in the vehicle may result in a doubling of the fines imposed for a DUI conviction; for a third or subsequent DUI conviction, this aggravating factor can result in a minimum fine of $4,000. Driving with a BAC of 0.15 or more or with a minor passenger in the vehicle can also increase the term of incarceration that a trial court can impose for a DUI conviction, including:
- First DUI: Six-month maximum sentence increased to nine months
- Second DUI: Nine-month maximum sentence increased to 12 months
Causing a motor vehicle accident while driving under the influence of alcohol or drugs that results in property damage or non-severe personal injury also carries enhanced penalties of up to one year of incarceration. Conversely, causing an accident that results in severe injuries constitutes a third-degree felony offense that carries penalties of a fine of up to $5,000 and/or up to five years in prison; penalties may also increase for a defendant who qualifies as a habitual or violent offender under Florida law.
Finally, DUI manslaughter/vehicular homicide constitutes a second-degree felony under Florida law that carries a penalty of up to 15 years in prison and/or a fine of up to $15,000. Leaving the scene of a fatal DUI accident increases the maximum sentence to 30 years of imprisonment.
A fourth or subsequent DUI conviction or a DUI accident resulting in severe injuries or death also carries a penalty of mandatory driver’s license revocation, with an offender becoming eligible for hardship revocation if they remain offense-free for five years after completing any term of incarceration for their DUI offense.
Defenses to an Aggravated DUI Charge
When faced with an aggravated DUI charge, you may pursue various defense strategies to reduce the grading of the offense or seek dismissal of your case. Common defenses raised against aggravated DUI charges include:
- Legality of the traffic stop: Defendants may move to dismiss DUI charges by challenging the legality of the traffic stop, arguing that police lacked reasonable suspicion of DUI, a traffic violation, or another criminal offense.
- Reliability of field sobriety testing: A defendant may challenge an arresting officer’s testimony by challenging the reliability of their field sobriety testing, including highlighting the officer’s lack of training to administer tests or environmental/medical factors that affected the defendant’s performance.
- Reliability of chemical testing: Defendants may seek to exclude the results of breath, blood, or urine test results by challenging the reliability of testing, including by highlighting officers’ failure to follow testing protocols or the lack of calibration of testing equipment.
- Sufficiency of evidence of accident causation: When a defendant faces aggravated DUI charges for allegedly causing a motor vehicle accident that results in property damage, injuries, or death, the defendant may contest their charges by arguing that they did not cause the accident, as required for prosecution under the aggravated DUI provision.
Contact BD Law Today to Discuss Your Options for Resolving Aggravated DUI Charges
When you get charged with DUI following an incident involving aggravated circumstances, get the legal help you need to defend yourself against the serious consequences of a conviction. Contact BD Law for a confidential consultation with an experienced aggravated DUI attorney in West Palm Beach, FL, to learn how our firm will advocate for your rights and interests.