Law Firm of Scott T. Moorey

Aggravated DUI, What is it?

if I've been charged with DUI that is considered "aggravated", you will have an indicator that your DUI is aggravated. There are some exceptions to that.

The first aggravation on a DUI is if you blow into the "intoxilyzer" above a .15 Blood Alcohol Level (BAH), Florida legislation has decided that that is categorized as an aggravated DUI. It is still a misdemeanor although it can be elevated from a second degree misdemeanor to a first degree misdemeanor.

The sanction for that is usually involves an increased fine, but may also increase the jail term you could potentially serve. It can add sanctions like having an ignition interlock device installed in your car, which is a device that you have to blow into before the car will start. If you blow above a .15, you're going to have a more serious DUI, than if you simply blow above a .08.

If you have been involved in a DUI accident, some factors that are considered to determine if is it "aggravated" are:
1. Property Damage enhances up to the first degree misdemeanor and carries a higher fine and can carry with it more severe sanctions.

  1. Injury accident with DUI charges. You can be charged with a DUI causing injury, which is still a misdemeanor, or a DUI causing serious bodily injury. The prosecuting agency will determine whether that injury is serious. If it's serious bodily injury, you will be moved up to felony court where the sanctions are much more severe.
  2. DUI Manslaughter is a very serious felony.
  3. If there are children in your vehicle, your DUI can be upgraded to more serious consequences.

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