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Under Florida DUI (Driving Under the Influence) law, the legal BAC (Blood Alcohol Content) threshold for motorists is 0.08%. Anyone caught driving above this limit is guilty of a misdemeanor DUI. While a DUI charge in itself carries steep consequences, the penalties worsen in the presence of specific aggravating factors. In such cases, it becomes a felony DUI (also referred to as aggravated DUI).
If you’ve been arrested for aggravated DUI in Tampa, a conviction can alter the course of your life forever. From imprisonment to heavy fines, community service, probation, suspended driver’s license, and other consequences, the punishments can be too overwhelming to bear. Sadly, that’s not all. An aggravated DUI conviction can also lead to increased insurance premiums and leave an everlasting dent in your criminal record.
However, there’s no need to panic. You can still overcome this situation by making the singular most important decision of hiring our DUI attorney. We’ll evaluate your case and draw up a suitable defense plan to get your charges dropped or reduced.
Get in touch with us now at (813) 281-2897 to get started on your case.
As we mentioned already, specific factors can make a simple DUI aggravated in Tampa. They are:
Persons with extremely high blood alcohol content (about 2 times above the limit) will be charged with aggravated DUI. So, if your BAC is at least 0.15%, you’re severely intoxicated and regarded as a felony DUI candidate.
If you’re a repeat DUI offender, you risk being charged with aggravated DUI, especially when the first offense occurred less than 5 years prior. This is the court’s way of discouraging you from continued infractions.
Anything that harms the safety of children is highly frowned upon in Tampa. If you were drinking and driving with a minor in the vehicle, your basic DUI will be turned into an aggravated DUI.
Drunk defendants who cause traffic accidents resulting in physical injuries or property damage are likely to be charged with aggravated DUI. If it results in someone’s death, you can be charged with DUI manslaughter.
Driving under the influence with a suspended license is considered a rebellion and disregard for the authorities. As such, it’ll be treated as a felony DUI.
At Taracks & Associates, we believe that every part of a DUI process can affect its overall outcome. With the primary aim of securing your freedom, we will . . .
The importance of the role we play in defending your DUI charge cannot be overemphasized.
Being charged with aggravated DUI can cause concern about numerous aspects of your case. Following are answers to the questions most likely to be on your mind:
What Are The Mitigating Circumstances in Felony DUI Cases?
Attending an alcohol education program is one of the common ways accused persons attempt to mitigate their aggravated DUI charges. Others include proving that you had a clean driving record before the DUI offense or are remorseful. Our legal team can evaluate your case to determine what works best for your unique situation.
Does the Reduced Impaired Driving Recidivism (RIDR) Program Apply to Aggravated DUI Cases?
The RIDR is a DUI diversion program that aims at preventing first-time offenders from becoming repeat offenders. They do this by reducing the charges and imposing lesser sanctions such as an ignition interlock device and DUI school. This approach, it is hoped, will discourage repeat offenses by solving the underlying problems behind the first one. Unfortunately, RIDR doesn’t apply to aggravated DUI cases, except for offenders with a BAC of between 0.15 to 0.20.
Am I Required to Submit to A Field Sobriety Test?
No. Contrary to what many people think, you do not have to submit yourself to field sobriety tests, in alignment with your right against self-incrimination. In addition to this reason, we advise that you refuse these tests because they can be subjective and inaccurate. However, if you already made this mistake, our attorneys may still be able to refute it.
Can I Get An Aggravated DUI Conviction Expunged?
No, you cannot get an expungement for your DUI conviction in Tampa. In addition, only persons whose charges were dropped or dismissed can apply for their records to be sealed. Therefore, your best shot for an untainted criminal record is to avoid an aggravated DUI conviction. You can also fight for your charges to be reduced to reckless driving.
We hope you have learned a thing or two from this section. If you have more questions, we’re happy to provide answers when you dial (813) 281-2897.
While Florida’s aggravated DUI laws are stringent, they’re not insurmountable. However, defending an aggravated DUI charge isn’t something you learn on the job. You need the guidance of an experienced aggravated DUI defense lawyer for insight on how to handle your case’s peculiarities.
Fortunately, our criminal defense attorneys are here for you. We’ve gone through years of learning and experience in handling felony DUI cases, just so that you don’t have to. You can rely on our skill and dedication to achieve the best outcomes for your case.
Trust us to help you secure an acquittal, dismissal, or charge/sentence reduction today. Begin your journey by dialing (813) 281-2897 for a free case evaluation now.