How High BAC, Speeding, and Reckless Driving Can Turn a DUI Into a Felony and What You Can Do About It

As a Florida criminal defense attorney, I’ve represented hundreds of individuals charged with driving under the influence. Not every DUI is treated equally under the law. In many cases, certain aggravating factors push a simple misdemeanor DUI into a much more serious criminal charge. If you were arrested and told your blood alcohol content was high, or that your driving endangered others, you may be facing an aggravated DUI charge with enhanced penalties.

You need to understand how the law treats these cases and why hiring private legal counsel may be the only thing standing between you and long-term consequences like prison, license suspension, or a permanent criminal record.

What Is an Aggravated DUI Under Florida Law?

A standard DUI under Florida Statute § 316.193 occurs when someone is in actual physical control of a vehicle while under the influence of alcohol or a controlled substance, and their normal faculties are impaired or they have a blood or breath alcohol level of 0.08 or higher.

But under certain circumstances, the law imposes more severe penalties based on how intoxicated you were, how you were driving, or who was in the car with you.

Here is the core statute:

Florida Statute § 316.193(1):

“A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages... to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”

But the enhanced penalties kick in when aggravating factors apply.

High Blood Alcohol Content (BAC) of 0.15 or More

One of the most common enhancements is a BAC reading at or above 0.15. This is considered nearly twice the legal limit. Under Florida law, this triggers increased penalties.

Florida Statute § 316.193(4)(a):

“Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher... shall be punished by:

  1. A fine of not less than $1,000 or more than $2,000 for a first conviction.
  2. By imprisonment for not more than 9 months.”

It also mandates an ignition interlock device for at least six months on a first offense, something that is not required for all DUI convictions.

High BAC allegations often lead to prosecutors refusing to offer a standard plea deal. That’s why you need a private defense attorney who can challenge the validity of the breath or blood test. Sometimes the testing device was uncalibrated or the test was administered outside the allowable time window. These are facts I investigate immediately.

Speeding and Reckless Driving as Aggravating Factors

If law enforcement claims you were speeding excessively, driving erratically, or endangering others on the road, that behavior can turn a DUI into something much more serious. You may be charged with:

  • Reckless driving under Florida Statute § 316.192
  • DUI with property damage or injury under § 316.193(3)
  • Felony DUI with serious bodily injury under § 316.193(3)(c)

Florida Statute § 316.193(3)(c):

“Any person who causes serious bodily injury to another... while driving under the influence... commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”

That means you could be facing up to 5 years in prison, even on a first-time DUI, if the state claims your driving caused serious injury while you were impaired.

Having a private attorney allows me to review crash reports, interview witnesses, and consult with accident reconstruction experts. These cases often hinge on whether your driving caused the injury or if another driver may have been at fault.

DUI With a Child Passenger

Florida law also enhances penalties when a minor is present in the vehicle during a DUI.

Florida Statute § 316.193(4)(a):

“If the person had a passenger under the age of 18 years, the person shall be punished by:

  1. A fine of not less than $1,000 or more than $2,000.
  2. By imprisonment for not more than 9 months.”

Judges take these cases seriously, often ordering parenting evaluations and mandatory alcohol treatment. We’ve helped clients avoid these long-term consequences by demonstrating that the child’s safety was not jeopardized or that alcohol impairment was inaccurately assessed.

Real Case Example: From Aggravated DUI to Reckless Driving

A client came to us after being charged with DUI with a BAC of 0.18, speeding over 20 mph above the limit, and having her two children in the backseat. She was facing multiple enhancements—high BAC, child passengers, and reckless driving allegations. The prosecutor wanted jail time.

We immediately obtained the breath test records and found inconsistencies in the calibration logs. We also subpoenaed dashcam footage, which showed that her driving was not as erratic as claimed. Most importantly, we worked with a toxicologist who disputed the accuracy of the breathalyzer reading based on the timing and her health condition.

We were able to negotiate a reduction to reckless driving with no jail time and no adjudication of guilt, preserving her record. This was only possible because we acted quickly and had the ability to bring in outside experts.

What a Private DUI Defense Attorney Does Differently

In aggravated DUI cases, the prosecution is already preparing for enhanced sentencing. You cannot afford to wait. A private attorney like myself begins your defense the moment I’m hired:

  • We investigate breath and blood test procedures.
  • We interview the arresting officers under oath in pretrial depositions.
  • We subpoena dashcam or bodycam footage.
  • We bring in medical and toxicology experts.
  • We analyze driving behavior and crash causation using independent specialists.

Public defenders are often overwhelmed and may not have time to challenge every enhancement. In my experience, having a private defense lawyer gives you the best chance to reduce the charge or avoid a conviction entirely.

Defenses That Apply in Aggravated DUI Cases

Every case must be built from the facts, but there are several legal defenses that commonly apply:

1. Breathalyzer or Blood Test Errors

We challenge the validity of the testing device, the qualifications of the person administering the test, and the time that elapsed after arrest.

2. Illegal Traffic Stop

If police had no legal basis to stop you, all evidence obtained may be thrown out. This includes field sobriety tests and BAC results.

3. No Proof of Impairment

A high BAC does not always equal impairment. Factors like GERD, diabetes, or improper testing procedures may lead to inflated readings.

4. Independent Causes of the Crash

In cases involving injuries, the state must prove your impairment caused the crash. We examine whether road conditions, mechanical failure, or another driver were to blame.

5. No Actual Control of the Vehicle

If you were not driving or had already pulled over safely, we may argue that you were not in actual physical control as required by law.

All of these defenses take time, resources, and an immediate response. That’s why I urge anyone charged with an aggravated DUI in Florida to retain private counsel right away.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Florida Aggravated DUI Frequently Asked Questions (FAQs)

What is considered an aggravated DUI in Florida?

An aggravated DUI in Florida typically involves factors that increase the severity of a standard DUI. This can include having a BAC of 0.15 or more, causing an accident with serious injuries, driving recklessly or at high speed, or having a child in the vehicle. These factors lead to harsher penalties and can sometimes elevate a misdemeanor to a felony charge.

Is a DUI with a high BAC automatically a felony?

Not necessarily. A BAC of 0.15 or higher enhances the penalties, such as higher fines, longer jail time, and mandatory installation of an ignition interlock device. However, it remains a misdemeanor unless other aggravating factors are involved, such as serious injury or multiple prior convictions.

What penalties am I facing if I’m convicted of an aggravated DUI?

Penalties vary depending on the aggravating factor. For a high BAC or a child passenger, you may face up to 9 months in jail and a fine up to $2,000 on a first offense. If serious injury occurs, it becomes a third-degree felony with up to 5 years in prison. Additional penalties may include DUI school, probation, community service, and license suspension.

Can I beat an aggravated DUI charge in Florida?

Yes, it is possible. We may challenge the legality of the stop, the accuracy of the BAC testing, or whether your conduct meets the legal standard for recklessness or endangerment. Each case depends on the evidence. We have obtained reductions and dismissals for clients charged with aggravated DUIs, even in cases with seemingly strong facts.

Does having a private attorney really make a difference in a DUI case?

It absolutely does. A private attorney can invest the time needed to investigate your case fully, bring in expert witnesses, and negotiate directly with prosecutors. In aggravated DUI cases, where enhancements can lead to jail time or felony records, you need a defense that is personalized and proactive.

What happens if I caused an accident while driving under the influence?

If someone was injured, the charge may be upgraded to DUI with serious bodily injury, which is a third-degree felony. The state will try to show your impairment directly caused the crash. We defend these cases by analyzing accident reports, consulting reconstruction experts, and raising doubt about causation.

Can a DUI be aggravated if I was speeding?

Yes. Excessive speeding, particularly combined with other dangerous driving behaviors, may lead to allegations of reckless driving. This, combined with DUI, can result in enhanced sentencing. Prosecutors often point to speeding as a factor that makes the case more serious.

Will an aggravated DUI impact my driving privileges longer than a regular DUI?

In many cases, yes. If your BAC was 0.15 or above, or if injury occurred, you may face longer license suspensions. You may also be required to install an ignition interlock device for a minimum of six months, even on a first conviction.

Is DUI with a child in the car treated the same as a DUI without one?

No. Florida law imposes stricter penalties if a minor under 18 is in the vehicle. This includes higher fines, longer possible jail sentences, and mandatory interlock installation. Courts take these cases seriously, and the presence of a child can influence how judges sentence.

What should I do immediately after being arrested for an aggravated DUI?

The most important thing you can do is stay silent and contact a private attorney. Do not answer police questions or submit to additional testing without legal advice. Every moment matters, and a strong defense often starts in the hours after the arrest.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.