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Aggravated DUI

Aggravated DUI Attorney in Jacksonville

Protect Your Future with a Trusted DUI Attorney in Jacksonville

In Jacksonville, an aggravated DUI is a more severe form of driving under the influence, often involving higher penalties than a regular DUI. Factors that could elevate a DUI charge to aggravated include having a particularly high blood alcohol concentration (BAC) level, being involved in a serious accident resulting in injury or death, or having minors in the vehicle at the time of the incident.

The penalties can include longer jail sentences, higher fines, and mandatory installation of an ignition interlock device. Navigating these complexities requires a precise understanding of how local laws are implemented and enforced within the Jacksonville area.

Speak with a proven aggravated DUI attorney in Jacksonville—we’re available 24/7. Call (904) 353-0436 or message us online today to schedule a free consultation. ¡Hablamos español!

What Constitutes “Aggravated DUI” in Florida

In Florida, a DUI charge can have enhanced penalties if certain specific aggravating factors are present. Unlike standard DUI charges, which are typically misdemeanors for first and second offenses, aggravated DUI carries significantly harsher penalties, including mandatory minimum jail time, higher fines, and extended license suspensions. 

As your aggravated DUI attorney in Jacksonville, we will ensure you have a clear and comprehensive understanding of the precise charges leveled against you and their potential ramifications under Florida law.

Aggravating factors that trigger enhanced penalties for DUI include:

  1. High Blood Alcohol Concentration (BAC) (Florida Statute § 316.193(4)(a)): If your BAC is 0.15% or higher, even for a first offense, the DUI is considered aggravated. This significantly exceeds the legal limit of 0.08% and indicates a higher level of impairment.
  2. Driving with a Minor in the Vehicle (Florida Statute § 316.193(4)(b)): If you commit a DUI offense while a person under 18 years of age is a passenger in the vehicle. This enhancement reflects the increased danger posed to children.
  3. Prior DUI Convictions (Florida Statute § 316.193(2)(b) & (3)(a)): Florida uses specific look-back periods to determine if a current DUI is a subsequent offense, triggering significantly harsher penalties.
  4. DUI Causing Property Damage or Injury (Florida Statute § 316.193(3)).

Penalties for Aggravated DUI Convictions in Florida

Florida imposes incredibly severe and escalating penalties for aggravated DUI convictions, ranging from enhanced misdemeanors to serious felonies. These typically involve mandatory jail or prison time, substantial fines, and lengthy or permanent driver's license revocations. Aggravating factors like a high blood alcohol content (BAC) of 0.15% or higher or having a minor in the vehicle significantly increase the severity of even a first offense. Repeat offenses, especially a third DUI within 10 years or any fourth/subsequent DUI, are charged as felonies with much harsher consequences.

Specifically, a first or second aggravated DUI (misdemeanors) leads to increased jail time, higher fines, and mandatory Ignition Interlock Device (IID) installation. Third or subsequent DUIs become felonies, resulting in potential state prison time, significant fines, and lengthy or even permanent license revocations. More severe cases, such as DUI causing serious bodily injury, are felonies with potential prison sentences and restitution.

The most severe charge, DUI Manslaughter, is a second-degree felony, carrying substantial prison time, high fines, and mandatory permanent license revocation, with even harsher penalties if the driver leaves the scene. Beyond these direct legal penalties, an aggravated DUI conviction in Florida creates a permanent criminal record, leading to the loss of driving privileges, significant employment barriers, professional license jeopardy, skyrocketing insurance rates, and immense financial strain. It also results in social stigma, travel restrictions, impacts on child custody, and mandatory treatment and supervision, profoundly affecting every facet of an individual's life.

What to Expect in Jacksonville Courts

Facing an aggravated DUI charge in Jacksonville means navigating the complexities of the local court system. The Duval County Clerk of Courts handles such cases, where procedures and expectations can vary from neighboring counties. Having an attorney who is familiar with the local court system and its nuances can significantly impact the outcome of your case.

Our office’s proximity to Jacksonville's courthouse enables us to provide clients with timely and effective representation. Attorney McCormick’s insight into the local judicial process allows us to anticipate and respond to the prosecution’s strategies, ensuring that we are always prepared to advocate for our clients’ rights. We maintain strong working relationships with local court personnel, which can aid in efficient case handling and potentially favorable interactions during proceedings.

Why Choose Law Office of Russell B. McCormick, PA for Your Defense?

At Law Office of Russell B. McCormick, PA, we leverage Attorney McCormick’s unique background as a former prosecutor to anticipate prosecution strategies and develop robust defenses. Our personalized approach ensures that every client receives tailored legal counsel aimed at mitigating the potential impacts of an aggravated DUI charge.

  • 24/7 Accessibility & Flexibility: We offer around-the-clock availability and flexible scheduling to meet the needs of our clients, including off-site, evening, and weekend consultations. Our commitment extends to understanding the urgency and stress such charges bring, ensuring you have legal support every step of the way.
  • Personalized Legal Guidance: We treat each client as an individual, providing comprehensive legal support that addresses the specific circumstances of your case. From the moment you contact us, we aim to alleviate your concerns by clearly outlining what to expect throughout the legal process and tailoring our defense strategy to align with your best interests.

Take Action with Confidence

If you are facing aggravated DUI charges in Jacksonville, taking immediate action is crucial. Our firm’s comprehensive approach, combined with accessibility & 24/7 availability, ensures that you receive the dedicated support and advocacy you need during this challenging time. Let us help alleviate your stress by guiding you through the complexities of your defense, step by step. We aim to make the legal journey less daunting by offering a reliable partnership, where your needs are prioritized and intelligently addressed at every stage of the legal process.

Reach out to Law Office of Russell B. McCormick, PA by calling (904) 353-0436 to schedule a free consultation. Our experienced team, under the guidance of Attorney McCormick, provides skilled legal representation focused on protecting your rights and achieving the best possible outcome for your case.

Our Results

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations might be.

  • Charges Dropped State v. A.S. 2013-MM-60XX (Duval)

    Mr. McCormick exposed to the prosecutor that the Client was, in fact, acting in self-defense. Charges dropped.

  • Charges Dropped State v. D.C. 2013-MM-71XX (Duval)

    Mr. McCormick exposed the alleged Victim’s lies to the prosecutor and charges were dropped.

  • Charges Dropped State v. D.P. 2013-CF-22XX (Duval)

    Mr. McCormick was able to negotiate with the State Attorney’s Office to allow Client's release from jail, avoid further prosecution or arrest, and all charges will be dropped in 6 months!

  • Charges Dropped State v. D.T. 2013-CF-72XX (Duval)

    Mr. McCormick negotiated with the State Attorney’s Office for the Client to be released from jail, avoid further prosecution, and all charges will be dropped in 8 months!

  • Charges Dropped State v. E.E. 2013-CF-73XX (Duval)

    Mr. McCormick exposed the alleged Victim’s lies to the prosecutor. All charges dropped.

  • Charges Dropped State v. J.P. 2013-CF-6XX (St. Johns)

    Mr. McCormick was able to expose some inconsistencies in the Victim’s allegations quickly and had the felony dropped. After a more thorough investigation was conducted, Mr. McCormick also had the misdemeanor dropped.

Frequently Asked Questions

How can an aggravated DUI lawyer help my case?

An experienced aggravated DUI lawyer can analyze the prosecution’s evidence, identify legal errors, challenge breathalyzer or field sobriety test results, and negotiate with prosecutors for reduced charges or alternative sentencing. At Law Office of Russell B. McCormick, PA, we use our local court experience and former prosecutorial insight to develop strategic defenses that aim to lessen or eliminate the penalties you face.

How soon should I contact an aggravated DUI attorney?

You should contact an aggravated DUI attorney immediately after being charged. Quick legal intervention allows your lawyer to review evidence, prevent missteps, and potentially influence the case before formal charges are finalized. At Law Office of Russell B. McCormick, PA, we offer free consultations to evaluate your situation and begin developing a plan of action as early as possible.

What should I bring to my initial consultation?

Bring any paperwork related to your arrest, including citations, police reports, court notices, and bond information. If possible, also bring a timeline of events and questions or concerns about your case. This helps us better understand the circumstances and offer guidance that is specifically tailored to your situation.

Is a high BAC always considered aggravated DUI?

Yes, in Florida, a BAC of 0.15% or higher is considered an aggravating factor and will result in enhanced DUI penalties. This includes mandatory ignition interlock installation, increased fines, and potentially more jail time—even for a first offense. Legal representation is key to assessing whether testing procedures were followed correctly and whether this enhancement can be challenged.

Will I lose my license after an aggravated DUI arrest?

An aggravated DUI arrest may trigger an automatic administrative license suspension in addition to any court-ordered penalties. You have a limited time—typically 10 days—to request a hearing to challenge the suspension. Acting fast allows your attorney to preserve your right to drive while your criminal case is pending.

Does aggravated DUI go on my criminal record?

Yes, an aggravated DUI conviction will appear on your permanent criminal record and cannot be expunged or sealed under Florida law. That’s why fighting the charge or negotiating a lesser offense is critical. Our legal team works to resolve cases in ways that limit long-term consequences, especially for those with careers or licenses at stake.

FAQs

Stay in the Know
  • Common Defenses to Criminal Charges

    If you have been charged with a crime, you have the right to defend yourself against the charges. There are many different types of defenses that can be used to challenge the prosecution’s case and fight for a favorable outcome.

    Some of the most common types of criminal defenses include:

    • An alibi is a defense used to prove that the defendant was somewhere else when the crime was committed. Alibi defenses often rely on witness testimony, video surveillance, or other types of evidence.
    • Self-defense is a defense that is used to prove that the defendant used reasonable force to protect themselves from harm. Self-defense is a common defense in assault and battery cases.
    • Insanity is a defense that is used to prove that the defendant did not have the mental capacity to understand that their actions were wrong. Insanity defenses are relatively rare and can be difficult to prove.
    • Entrapment is a defense that is used to prove that the defendant was induced or coerced by law enforcement to commit a crime that they would not have otherwise committed. Entrapment defenses are relatively rare and can be difficult to prove.
    • The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. If the police obtained evidence against you through an illegal search and seizure, it may be possible to have that evidence suppressed.

    Our Jacksonville criminal defense lawyer can review the facts of your case and help you determine the best defense strategy for your situation.

  • What Are My Rights Following an Arrest?

    If you find yourself under arrest, you must be aware of your rights to ensure your defense is as strong as possible. First and foremost, you have the right to remain silent. Anything you say can be used against you in court, so exerting your right to remain silent can protect you from inadvertently incriminating yourself.

    You also have the right to an attorney. This means you can request to speak with a lawyer before answering any questions from law enforcement. If you cannot afford a lawyer, one will be supplied. Using this right is crucial to ensure that your legal interests are represented from the outset.

    Another important right is protection against unreasonable searches and seizures. Law enforcement will need to have probable cause or a warrant to search or seize the property. Any evidence obtained may be inadmissible in court if these rights are violated.

    You also have the right to be informed of the charges against you. This ensures that you understand the nature of the accusations and can prepare an appropriate defense. You are also entitled to a fair and speedy trial, ensuring your case is heard promptly.

    Understanding these rights can differentiate between a favorable outcome and a compromised defense. If you are unsure how to navigate the legal system following an arrest, seeking advice from our skilled Duval County criminal defense lawyer can help protect your rights and interests.

  • Can a Criminal Case Be Dismissed Before Trial?

    Yes, a criminal case can potentially be dismissed before trial if there are issues such as insufficient evidence, violations of your rights, or procedural errors. A Jacksonville criminal defense attorney can file motions to dismiss or suppress evidence, increasing the chances of achieving a dismissal.

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