Defense for Aggravated DUI Charge in Florida
If you are facing criminal charges for an aggravated DUI in Florida, contact Weinstein Legal today for a free case evaluation. Aggravated DUI charges are more serious than standard DUI charges, and the penalties upon conviction can be much more severe. This is because the actions that constitute an aggravated DUI charge are also more severe opposed to those of a standard DUI. Many individuals are surprised to learn that there are various types of DUI offenses. Do not face these charges in court alone.
Criminal defense attorney in Florida, Partner, and head of the Criminal Defense Division at Weinstein Legal, Matt Shafran is standing by and ready to take your case. Don’t let another day go by without contacting our firm if you require defense for an aggravated DUI charge. For a free case evaluation, contact 954-845-0505 and ask for attorney Matt Shafran today.
Areas In Florida We Represent
When you are facing criminal charges for aggravated DUI, seek the legal assistance of a criminal defense attorney immediately. We represent individuals in Broward County, Miami-Dade County, and Palm Beach County including the following areas:
- Boca Raton
- Boynton Beach
- Coral Springs
- Delray Beach
- Fort Lauderdale
- Lake Worth
- Palm Beach Gardens
- Pembroke Pines
- Pompano Beach
- West Palm Beach
“Matt and his firm made the process so smooth and eased me through the entire case. You literally get more than you retain with them. I could never imagine calling anyone else if I should ever need.” – K.S. – Prior Client
Aggravated DUI Crime According to Florida Law
In the state of Florida, you may find yourself facing charges for an aggravated DUI if the offense meets specified guidelines. These stipulations include:
- Having a Blood Alcohol Content (BAC) of greater than 0.15 at the time of your arrest. The legal limit in the state of Florida is 0.08.
- Causing property damage as the result of drunk driving.
- Causing bodily harm to another individual as the result of drunk driving.
- Causing the death of a human being, including that of an unborn infant.
- Having a minor (a person under the age of 18 years old) in your car while you are driving under the influence.
- Law enforcement stopping you while you are driving under the influence through a school zone.
- You are found to be driving under the influence with a suspended or revoked driver’s license.
- You are driving dangerously and erratically at the time of the stop, with behaviors such as excessive speeding, weaving in and out of traffic, and more.
- This is not your first DUI offense.
An aggravated DUI can be a FELONY charge, which can follow you around for the rest of your life if a judge or jury convicts you. Furthermore, the penalties for an aggravated DUI conviction are much more steep than a standard DUI.
Penalties for Aggravated DUI in Florida
The penalties for an aggravated DUI in the state of Florida can vary. An arrest for a third or subsequent DUI, a DUI involving serious bodily injury or death, can result in you being charged with a FELONY. Some of these charges even carry a mandatory minimum sentence in prison if you were convicted. Having a felony on your criminal record will likely impact you in some way for the rest of your life. For this reason, it is imperative that you contact an attorney for DUI defense in Florida as soon as possible.
If you become a convicted felon, it will become challenging to find employment or housing. Potential employers and landlords will be able to see your conviction, and many companies have policies that prohibit them from hiring convicted felons. Additionally, it is at a landlord’s discretion if they wish to rent a home to someone with a criminal background. You also may lose the right to own a firearm or participate in civic duties such as voting. Do not allow this to happen to you. Contact criminal defense attorney Matt Shafran at Weinstein Legal to help protect your rights.
In addition to the consequences that come with being a convicted felon, you may face further penalties for an aggravated DUI charge.
These penalties include:
- Fines of up to $5,000, plus restitution for any property damage or medical bills that result from your driving.
- Losing your driving privileges for years or life.
- Up to five years of probation if there is no death involved.
- Up to five years in prison if there is no death involved.
- Up to 21 hours of DUI school.
- Having your vehicle impounded.
- Community service hours.
- A court order to complete a drug and alcohol rehabilitation treatment program, counseling, and more.
An aggravated DUI conviction can be quite costly and can greatly impact your life. DUI lawyer Matt Shafran is ready to fight for you. You can read the full penalties and stipulations regarding aggravated DUI charges in Florida Statute § 316.193 on the official state legislature’s website.
Defenses for Aggravated DUI Charges
If you are facing charges for an aggravated DUI, do not be discouraged. All hope is not lost, however, you must act quickly to ensure the best possible outcome in a court of law. Contact a DUI defense attorney as soon as possible to begin working on your defense. It may be possible to have your charges reduced to standard DUI charges or a wet reckless charge. It may even be possible to have your charges dropped completely.
Did law enforcement follow proper protocol?
The fourth amendment protects you against illegal search and seizure, including in the event of traffic stops. Did the police have probable cause to stop you and was the traffic stop legal? Just because you are found to be driving under the influence does not mean that your rights do not apply. Additionally, did the police read your Miranda Rights at the time of your arrest and inform you that you had the right to speak with an attorney? These are all important elements.
Hiring an experienced DUI defense attorney is your greatest chance of beating an aggravated DUI charge. Your attorney will review all of the facts surrounding your case, including law enforcement’s protocols and documentation. Without following proper protocol, the charges may not hold up in court.
Is there a question regarding the validity of the BAC test?
When examining DUI cases it is essential to know whether there is any question regarding the accuracy of the BAC test that police administer to you. After all, this is the hardest form of evidence and what courts often rely on when making a conviction.
Breathalyzer machines must be calibrated regularly and maintained by police to retain their accuracy. Similarly, if you submit to a blood test at a hospital, proper protocol and handling of evidence (in this case your blood is evidence), is crucial. An experienced DUI attorney will look at these elements.
Is this your first DUI offense?
If this is your first arrest for a DUI, and you do not have any other criminal history, the prosecutor’s office may be more willing to reduce your charges to a standard DUI or a wet reckless. However, you need the assistance of a criminal defense attorney to complete this negotiation. If your arrest did not involve the harming of any other individuals, there was no accident, no property was damaged, and no children were present, you may have a good chance of getting your charges reduced.
Pre-Trial Intervention Programs
In addition to negotiating your charges down to a standard, misdemeanor DUI, you may be eligible to enter a pre-trial intervention program in the state of Florida. This is more likely if you do not have a past criminal record and no one was harmed as a result of your driving. A DUI defense attorney will need to negotiate this program with the prosecutor for you, however, upon successful completion, all of your charges will be dropped and they will not appear on your criminal record.
Contacting an Attorney for Aggravated DUI
If you are facing charges for an aggravated DUI, it is imperative that you contact a defense attorney immediately. The sooner your attorney begins working on your case, the better your case will fare in a court of law. Please know that you never have to answer questions from law enforcement or the prosecutor’s office without an attorney present–this is a right that you should never waive.
Contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran if you are facing charges for aggravated DUI. Mr. Shafran will examine the facts of your case, will work tirelessly to protect your rights, and will do everything possible to win your case in court. With offices in South and Central Florida, we are prepared to serve you:
Our phones are available 24-hours a day, 365-days a year and there is never a time when your call for assistance will go unanswered.