In Florida, enhanced penalties may apply depending on the specific facts of your case. Thus, if you have been arrested or charged with a DUI, it is important to understand what, if any, enhanced penalties may apply in your case.

BAC Above .15: If your blood alcohol concentration (BAC) was .15 or higher, enhanced penalties apply in your case. Even if this is your first DUI offense, your DUI can still be enhanced.

Fortunately, if you are charged with an enhanced DUI resulting from a BAC of .15 or higher, the enhanced penalties may be avoided through negotiation with the prosecutor in your case. Thus, it is important to hire an attorney who is experienced in handling DUI cases with enhanced penalties.

Minors in the Vehicle: Under Florida Law, a minor is anyone under the age of 18. Per Florida Statutes, enhanced penalties will apply if you were driving with minors in the car at the time you were stopped by the police. The prosecutor does not need to prove a minor was injured as a result of your DUI, rather, the only proof required for this enhancement is that a minor was present in the car at the time you were allegedly driving.

DUI Crash Involving Property Damage: Even if nobody was hurt during your DUI crash, Florida law imposes enhanced penalties for DUI’s involving either property damage or non-serious bodily injury. A DUI with property damage or non-serious bodily injury is a first-degree misdemeanor punishable by up to 12 months in jail and a $1,000 fine. A DUI without such enhancements is punishable by up to 6 months in jail and a $500 fine.