600 SW 4th Avenue Fort Lauderdale, FL 33315

Fort Lauderdale DUI Lawyer: Can a DUI be a Felony?

Fort Lauderdale DUI Lawyer Explains Aggravated DUI 

(Fort Lauderdale, FL February 2024) Aggravated DUI is a serious offense that carries severe legal consequences in Broward County, including Fort Lauderdale. The Law Office of Matthew Glassman, P.A., a reputable criminal defense law firm with a commitment to defending individuals facing DUI charges, sheds light on the definition of aggravated DUI and the legal implications in Florida.

Defining Aggravated DUI

Aggravated DUI, also known as either an enhanced misdemeanor or felony DUI, is a distinct category of DUI offenses in the state of Florida. This offense occurs when certain aggravating factors are present at the time of the DUI arrest, increasing the minimum penalties and oftentimes elevating it from a misdemeanor to a felony. While a standard DUI may result in misdemeanor charges, aggravated DUI’s can lead to more severe legal consequences.

Aggravating Factors in Aggravated DUI Cases

In the state of Florida, several factors can transform a typical DUI into an aggravated DUI, warranting the need for a DUI attorney. These factors include:

Repeat DUI Offenses:

One of the most common factors leading to an aggravated DUI is having multiple DUI convictions on your record. A third DUI within ten years of the previous convictions can be classified as a felony.

DUI with Serious Bodily Injury:

If a DUI incident results in serious bodily injury to another person, it can be classified as a Felony DUI. This includes injuries that lead to permanent disfigurement or impairment.

DUI with Death:

The most severe form of aggravated DUI is when a DUI incident leads to the death of another person. In such cases, individuals can face charges of DUI manslaughter, which is a second-degree felony.

DUI with Minors in the Vehicle:

Driving under the influence of a child under the age of 18 in the vehicle can lead to enhanced DUI charges.

High Blood Alcohol Concentration (BAC):

Having a BAC significantly above the legal limit (0.08% in Florida) can be considered an aggravating factor. A BAC at or above (0.15%) calls for enhanced penalties.

Penalties for Aggravated DUI

When an individual is charged with either an enhanced or felony DUI in Broward County, they can expect to face harsher penalties compared to standard DUI convictions. Having a Broward County DUI lawyer at one’s side can help to mitigate some of the penalties. The penalties one may face include:

Significant Fines:

Enhanced or felony DUI convictions can result in substantial fines that may range into thousands of dollars.


Offenders may be placed on probation, with mandatory reporting requirements and restrictions on their activities.

License Suspension:

A driver’s license may be suspended for a longer period and, in some cases, permanently revoked.

Ignition Interlock Device (IID):

An IID may be required, which requires the driver to pass a breathalyzer test before starting their vehicle.


Individuals convicted of aggravated DUI may face incarceration, with the length of the sentence depending on the specific circumstances of the case. For DUI manslaughter, it can result in a significant prison term. A DUI lawyer is essential to assist in reducing these penalties.

Criminal Record:

A Felony DUI conviction results in a felony record, which can have long-lasting consequences on an individual’s life, affecting employment, housing, and other opportunities.

Can Aggravated DUI be a Felony in Florida?

Yes, an Aggravated DUI in Florida can unequivocally become a felony offense, and as such, it carries profoundly more serious consequences for those accused. In Florida, a DUI offense is elevated to the level of a felony under certain circumstances. These circumstances are defined by the presence of aggravating factors during the DUI incident. When these factors are present, the offense is automatically upgraded to felony status, leading to enhanced penalties that are significantly more severe than those associated with a misdemeanor DUI charge. A Felony charge can carry a stigma that can affect an individual’s life long after the legal penalties have been served. Therefore, it is essential to seek the assistance of a qualified and experienced Fort Lauderdale DUI attorney when facing aggravated DUI charges.

About the Law Office of Matthew Glassman, P.A.

The Law Office of Matthew Glassman, P.A. is a leading law firm in Fort Lauderdale with a strong dedication to DUI defense and criminal defense. Matthew Glassman, a prominent Fort Lauderdale DUI lawyer, leads the firm with a strong commitment to providing aggressive legal representation and ensuring the best possible outcome for his clients. With extensive knowledge of Florida’s DUI laws and a reputation for obtaining favorable results, the firm has become a trusted resource for individuals facing DUI charges in Broward County.

Media Contact:

Law Office of Matthew Glassman, P.A.
600 SW 4th Avenue
Fort Lauderdale, FL 33315
(954) 908-3399
URL: www.matthewglassmanlaw.com


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