How Is An Aggravated DUI Charge Defined In Florida?

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In Florida, an aggravated DUI charge can result from a few different scenarios. The legal blood alcohol content (BAC) limit is 0.08. If a person has a BAC of 0.15 or above, then it is considered an aggravated DUI, which carries greater penalties. The occurrence of an auto accident in association with a DUI charge is also an aggravator, as is having a child in the car at the time of a DUI. Oftentimes when someone talks about an aggravated DUI, they are talking about a felony DUI. In Florida, there isn’t a charge specifically titled aggravated DUI; there are just certain aggravators that enhance DUI charges. In felony court, an aggravated DUI can result from the occurrence of serious bodily injury to anyone involved in a DUI-related auto accident. If there is a death involved, the charge could be aggravated to DUI manslaughter. Lastly, having had multiple prior DUIs could lead to an aggravated DUI charge.

Is There a Certain Lookback Period In Florida For DUI Convictions?

In Florida, a second DUI within five years is an aggravator that can carry a mandatory sentence of 10 days in jail. If more than five years have passed between a first and second DUI charge, then there are aggravators but no minimum mandatory jail time. A third DUI within a 10-year period carries a minimum mandatory sentence of 30 days in jail. If more than 10 years have passed between a second and third DUI, then there are aggravators but no minimum mandatory jail time. A fourth DUI over any period of time is a felony and can carry up to five years in prison, as opposed to 60 days to one year for a misdemeanor. DUI convictions do not fall off of a person’s record.

How Is A DUI Involving An Accident Different From A Regular DUI Scenario?

The first thing an officer is going to do is an accident investigation. They are going to try to determine how the accident happened and who was at fault. If the officer is doing an accident investigation and has not told the driver that he is starting a criminal investigation, then that person’s statements as to what happened in the accident could be privileged through what’s called accident report privilege. The purpose of that privilege is to get people to report what happened in an accident. Years ago, the insurance industry pushed for this because no one was reporting what happened in accidents. Now that this privilege exists, people’s statements can’t be used in the criminal process. If the officer suspects someone of DUI, they are going to move from an accident investigation to a criminal investigation. During that criminal investigation, a person’s statements can be used against them. That is also the point at which they will start to investigate signs of impairment and try and move forward with charging criminal DUI.

What Other Evidence Do Police Look For At The Scene Of A Potential Drunk Driving Accident?

The police need to show who was in actual physical control of the vehicle when the accident occurred. They are going to be looking for witnesses who can corroborate that and point to signs of intoxication. They are going to be observing the suspect to see whether or not they are putting out any signs of intoxication, such as bloodshot, glassy or watery eyes, the odor of an alcoholic beverage, being unsteady on their feet, having slurred speech, etc. All of things are going to be part of the DUI investigation.

Are All Drivers Subjected To Breath Or Blood Tests At The Station If They Are Suspected Of DUI?

No, not all drivers are subjected to breath or blood tests at the station if they are suspected of DUI. A DUI can be from alcohol or from another intoxicating substance, such as prescription medications. If they suspect that it’s from alcohol, then they are going to ask the individual to submit to a breath test. They are also going to read implied consent, which informs the individual of the penalties of not taking that breath test. If there was no serious bodily injury involved, then a person cannot be compelled to take that test. However, they are going to attempt to get a breath test from anyone who they believe is intoxicated by the use of alcohol.

Are Blood Tests Automatically Administered If The Driver Is Unable To Perform The Breath Test Or Is Unconscious?

If an individual is unable to perform a breath test or is unconscious, they may very well be in a hospital. If there is serious bodily injury to the driver or someone else involved in the accident, the officers do not need consent to legally have the driver’s blood drawn; they can forcefully take it. If they cannot forcefully take it and the person refuses to provide it, then a prosecutor can petition the court for a subpoena for that person’s medical blood, which means that any blood that was taken for medical purposes at the hospital may be subpoenaed by the state at a later date.

For more information on Aggravated DUI Charges In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.