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Factors that can result in an aggravated DUI charge

On Behalf of | Sep 14, 2022 | DUI |

The details of an arrest for driving under the influence can have a major impact on how the case is filed in Florida. Typical DUI charges with a .08% blood-alcohol concentration or even the presence of marijuana in a driver’s system are filed as misdemeanors in most cases unless there are extenuating circumstances. It is the extenuating circumstances that make the difference, and there are several that could result in an enhanced DUI charge.

Elevated BAC levels

Florida and almost every other state has the standard of .08% BAC as the presumption that a driver is legally intoxicated. Some states even have a designation of “wet reckless” for drivers who test at or above .05%. Those who test at .15% are typically prosecuted for aggravated DUI as allowed by statute.

Minor in a vehicle

Another circumstance that will result in an aggravated charge is having a minor in the vehicle at the time of the stop. These charges apply even if the BAC level is between .08% and .15%. Charges for impaired driving can be even further enhanced with elevated BAC readings or a blood test with certain chemicals in the body.

Reckless driving

Reckless driving is an issue even without further problems that can worsen the charge, and alcohol consumption is one of those problems. Even a driver with a BAC reading of .08% can be cited with an aggravated charge if they are driving significantly over the speed limit or wanton endangerment in more serious situations such as running from police or being involved in an accident.

Multiple offense defendants also often face additional legal problems when they have received a fourth conviction. These cases are filed as felonies in most situations. Those with two or more convictions always face enhanced punishment when being prosecuted.