Aggravated vs. Simple DUI in Florida: What’s the Difference?
Introduction
Driving under the influence (DUI) is a serious offense in Florida, but not all DUI charges are the same. Some cases are considered simple DUIs, while others are classified as aggravated DUIs, which carry harsher penalties. Understanding the difference between these two charges can help drivers facing DUI allegations know what to expect and how to defend themselves.
This guide explains the difference between simple and aggravated DUI in Florida, the penalties for each, and possible defenses against these charges.
What Is a Simple DUI?
A simple DUI, also known as a standard DUI, occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by alcohol or drugs. It does not involve aggravating factors such as excessive BAC levels, minors in the vehicle, or injuries to others.
For first-time offenders, a simple DUI is usually charged as a misdemeanor.
Penalties for a Simple DUI in Florida
The penalties for a first-time simple DUI conviction include:
- A fine between $500 and $1,000
- Up to six months in jail (though many first offenders receive probation instead)
- License suspension for six to 12 months
- Mandatory DUI school
- 50 hours of community service
- Possible installation of an ignition interlock device (IID)
For second and third offenses, penalties increase, including higher fines, longer license suspensions, and potential jail time.
What Is an Aggravated DUI?
An aggravated DUI involves the same legal definition of DUI but includes additional factors that make the offense more serious. These factors result in increased penalties and, in some cases, felony charges.
Aggravated DUI charges typically arise in cases involving:
High BAC (0.15% or Higher)
If a driver’s BAC is 0.15% or higher, Florida law considers this an aggravated DUI. Penalties include:
- Higher fines ($1,000–$2,000 for a first offense)
- Up to nine months in jail
- Mandatory ignition interlock device (IID) for at least six months
DUI with a Minor in the Vehicle
If a driver is arrested for DUI while transporting a minor under the age of 18, they face enhanced penalties, including:
- Increased fines
- Longer jail sentences
- Mandatory IID installation
DUI Resulting in Property Damage, Injury, or Death
When a DUI leads to property damage, injury, or death, it is no longer a simple DUI and is charged as a felony or serious misdemeanor.
- DUI with Property Damage – First-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.
- DUI with Serious Bodily Injury – Third-degree felony, punishable by up to five years in prison and a $5,000 fine.
- DUI Manslaughter – Second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.
If a driver leaves the scene of a DUI-related crash involving death, the charge can be upgraded to a first-degree felony, punishable by up to 30 years in prison.
Multiple DUI Convictions
A third DUI within 10 years or a fourth DUI at any time is classified as a felony DUI, carrying:
- A minimum of 30 days in jail
- License revocation for 10 years or longer
- Fines up to $5,000
Defenses Against DUI Charges
Whether facing a simple or aggravated DUI, there are several defenses an experienced attorney may use to fight the charges.
Challenging the Breathalyzer or Blood Test
Breathalyzers must be properly calibrated and maintained to produce accurate results. If the test was not conducted properly, the results may be invalid.
Lack of Probable Cause for the Traffic Stop
Law enforcement must have a valid reason to pull a driver over. If the stop was unlawful, any evidence gathered may be inadmissible in court.
Medical Conditions or External Factors
Certain medical conditions, medications, or even mouthwash and diets can produce false-positive BAC results. An attorney can present evidence showing the BAC reading was unreliable.
Violation of Miranda Rights
If the driver was not properly informed of their rights before questioning, any self-incriminating statements may be excluded from court.
Improper Field Sobriety Testing
Field sobriety tests are subjective and can be affected by nervousness, medical issues, or poor testing conditions. If the test was improperly administered, the results can be challenged.
How a DUI Attorney Can Help
A DUI conviction can result in jail time, license suspension, and lasting damage to a person’s record and reputation. A skilled DUI defense attorney can:
- Examine evidence and challenge unreliable test results
- Argue for reduced charges or case dismissal
- Negotiate plea deals to avoid jail time
- Fight for alternative sentencing, such as DUI diversion programs
At Bonderud Law, we have extensive experience defending clients against both simple and aggravated DUI charges. If you or a loved one has been charged with DUI, contact us today for a consultation.
Conclusion
The difference between a simple and aggravated DUI in Florida comes down to the presence of additional factors, such as high BAC levels, minors in the car, injuries, or repeat offenses. Aggravated DUIs carry harsher penalties and can result in felony charges.
If you are facing any type of DUI charge, it is important to seek legal representation as soon as possible. A strong defense strategy can make the difference between a dismissed case and a conviction with severe consequences.
