Driving under the influence (DUI) is a serious offense in Florida, but in certain cases, it can be elevated to an aggravated DUI—a much more severe charge with harsher penalties. So, what is aggravated DUI, and how can it impact your life?
As an experienced DUI lawyer in Hollywood, FL, I’ve witnessed how a standard DUI stop can quickly escalate. Aggravating factors—such as an extremely high blood alcohol content (BAC), driving with a minor in the vehicle, causing an accident, or injuring someone—can all lead to an aggravated DUI charge. These circumstances suggest that the driver posed a greater threat to public safety, prompting stricter legal consequences.
Many people hear the term aggravated DUI but don’t fully understand what sets it apart from a standard DUI. If you or someone you care about is facing this type of charge, it’s crucial to understand the stakes. Without experienced legal representation, an aggravated DUI can result in long-term consequences, including felony charges, jail time, heavy fines, and a suspended license.
If you're asking, "What is aggravated DUI?" or looking for the best DUI lawyer to protect your rights, now is the time to act. The sooner you understand your situation and build a strong defense, the better your chances for a favorable outcome.
What is Aggravated DUI in Florida
A DUI becomes “aggravated” in Florida when certain risky or dangerous behaviors are involved on top of being under the influence of alcohol or drugs. These aren’t your average DUI cases. They involve aggravating factors that elevate the severity of the charge, and often the punishment.
Florida law treats aggravated DUI offenses much more seriously than standard DUI cases because they demonstrate a heightened threat to public safety. When someone drives while intoxicated and does something especially reckless, like having a child in the vehicle or causing an accident, it’s considered a greater danger not only to themselves but to everyone else on the road.
Here are a few examples of what might cause a DUI to be considered aggravated in Florida:
Very High Blood Alcohol Content (BAC)
In Florida, the legal limit for blood alcohol content (BAC) is 0.08%. If a driver’s BAC is 0.15% or higher—almost double the legal limit—it is considered an aggravating factor.
This is because people with a very high BAC are more impaired. They have slower reaction times, poor coordination, and worse judgment, making it much more dangerous to drive.
A Child Was in the Vehicle
If a person drives under the influence and there is a minor in the car (someone under 18), it can lead to aggravated DUI charges. Florida law sees this as especially dangerous since it puts a child, who cannot protect themselves, at serious risk.
Courts tend to punish these cases more harshly because children are considered vulnerable passengers.
Causing an Accident
If someone drives under the influence and causes a crash, especially one that leads to injuries or significant property damage, that can turn a regular DUI into an aggravated one.
Even if no one is seriously hurt, the fact that the driver caused damage while intoxicated makes the situation more serious.
These types of actions show that the person behind the wheel was not only breaking the law but also acting in a way that endangered others. For this reason, aggravated DUI charges can lead to harsher penalties.
When Does Aggravated DUI Lead to Felony Charges?
Not all aggravated DUI cases are felonies. Some may still be treated as misdemeanors, depending on what happened. However, there are certain situations where the law will treat the DUI as a felony offense, which is a more serious charge.
Here are the main situations where an aggravated DUI in Florida becomes a felony:
The Driver Has Previous DUI Convictions
If a person has been convicted of DUI before, they are more likely to face felony charges for future DUIs.
In Florida:
A third DUI offense within 10 years of a previous conviction is usually a third-degree felony.
A fourth DUI offense, even if it’s been more than 10 years since the last one, is also a felony.
Having multiple DUI convictions shows a pattern of dangerous behavior. The courts treat repeat offenders more harshly because they had chances to change their behavior but didn’t.
Someone Was Seriously Hurt
If a DUI accident causes serious bodily injury to another person, the driver can be charged with a felony. In Florida, this is called DUI with serious bodily injury, and it is a third-degree felony.
Examples of serious injuries include broken bones, internal injuries, or anything that causes long-term damage or pain.
Someone Was Killed in the Crash
This is the most serious outcome of a DUI. If a person dies because of a crash caused by someone driving under the influence, the driver can be charged with DUI manslaughter.
This is a second-degree felony, and if the driver leaves the scene of the accident (also known as a hit-and-run), it can become a first-degree felony.
Felony DUI charges carry much more severe consequences than misdemeanor DUIs. That’s why it’s important to understand what can lead to them, and how to defend against them.
Top 3 Factors that Increase the Severity of DUI Charges
While there are many things that can make a DUI more serious, there are three main factors that often lead to aggravated or felony charges.
High Blood Alcohol Concentration (BAC)
As mentioned earlier, the legal BAC limit in Florida is 0.08%. If a driver’s BAC is 0.15% or more, the court will see the situation as much more dangerous.
This can lead to:
Higher fines
Longer jail sentences
Mandatory installation of an ignition interlock device (a device that tests whether you’ve consumed alcohol before your car will start).
Even for first-time offenders, having a high BAC can remove the chance of getting a lighter sentence or a diversion program.
Accident Involving Injury or Property Damage
Causing a crash while driving under the influence—whether it results in property damage, injuries, or worse—always increases the seriousness of the charges.
Even minor crashes can lead to aggravated DUI charges if someone was hurt or if expensive property (like another car, a fence, or a building) was damaged.
Prior DUI Convictions
Having a history of DUI offenses plays a big role in how new charges are handled. The more convictions you have, the worse the penalties will be.
Repeat offenses also make it harder for a lawyer to negotiate reduced charges or alternative sentencing programs. Courts tend to believe that prior punishments didn’t work, so they issue stronger penalties.
What are the Legal Consequences of Felony Aggravated DUI?
If someone is convicted of felony aggravated DUI in Florida, they can face very serious legal penalties. These consequences can affect many parts of a person’s life, not just their driving privileges.
Here are the most common penalties for felony aggravated DUI:
Prison time: Up to 5 years for a third-degree felony. More for second- or first-degree charges.
Large fines: Up to $5,000 or more depending on the charges.
Driver’s license suspension or revocation: This can last many years or even permanently in some cases.
Ignition interlock device: Required for many drivers after a DUI conviction.
Mandatory substance abuse treatment or education programs
Community service
Probation: Sometimes lasting several years
Permanent criminal record: A felony conviction stays on your record and can impact your ability to find housing or a job
These consequences highlight why it is so important to take any DUI charge seriously, especially one that involves aggravating factors.
Important Update: Refusing a Breath Sample Will Soon Be a Crime in Florida
Historically, many DUI defense attorneys in Florida advised clients to refuse a breathalyzer test during a DUI stop—primarily to avoid giving prosecutors clear evidence of intoxication. But starting October 1, 2025, that strategy may come with serious consequences.
A new Florida law has been signed that will criminalize the refusal to provide a breath sample during a DUI investigation. This is a major shift in how DUI cases will be handled moving forward. Under the current law, refusing a breath test results in administrative penalties such as license suspension. But beginning in October 2025, refusal will carry criminal penalties—meaning you could face a misdemeanor or even more serious charges just for saying no.
This change is likely to alter the legal advice many DUI attorneys provide. What was once a protective legal strategy may soon carry criminal liability, making it more important than ever to understand your rights—and the potential risks—during a DUI stop.
If you’re unsure how this new law could impact you or someone you love, speaking with an experienced DUI lawyer is essential. The legal landscape is changing fast, and having the right guidance can make all the difference.
Contact the Best DUI Lawyer in Hollywood, FL Today
If you or someone you know is facing an aggravated DUI charge, you don’t have to face it alone.
At Lindsay Chase Law Firm, we help people throughout Florida understand their legal options, protect their rights, and fight to get the best possible outcome. We know the law, we know the courts, and we know how to build strong defenses for our clients.
Here’s how we can help:
Free Case Evaluation: Speak directly with our DUI attorney, who will listen to your story and explain your options.
Detailed Investigation: We look at police reports, examine every piece of evidence, and find any mistakes that may help your case.
Strong Defense Strategies: We push for reduced charges, favorable plea deals, or even complete dismissal of your case.
Whether your case involves DUI, aggravated DUI, or felony DUI, we’re here to support you.
Your defense starts with a conversation. Call us at 954-737-0820 for a free and private consultation. We serve clients in Hollywood and throughout Florida.
