Aggravated DUI Lawyer

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.

Do not be discouraged if you are facing charges for an aggravated DUI.  However, you must act quickly to ensure the best possible outcome in a court of law. Contact a DUI defense attorney to begin working on your defense as soon as possible. It may be possible to reduce your charges 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.

If you are convicted of two DUIs within a 5 year period, it’s a MANDATORY suspension of your driver’s license for five years, and your car will be impounded for an enhanced period of time. Additionally, there is mandatory jail time, however, sometimes, an experienced defense attorney can negotiate inpatient treatment in lieu of jail. You can get up to a year in jail, depending on your blood alcohol level at the time of your arrest and other factors.
A third DUI is an extremely serious charge and you can be charged with a misdemeanor or even a felony after your third or subsequent arrest for DUI. If you have four DUI’s, you are likely going to be charged with a felony no matter how much time has lapsed between charges. You may incur fines up to $5,000 and five years of jail time. And your driver’s license will be permanently revoked if convicted. These are just some of the severe consequences of felony DUI charges.