Orlando Aggravated DUI Attorney

Serious Charges Need Focused DUI Defense

If you have been arrested for aggravated DUI, you are facing consequences that are far more severe than a standard DUI. You might be worried about jail, losing your license, and what this will mean for your future. You may also be unsure where to turn and how quickly you need to act.

At Katz & Phillips, we focus our practice on defending people accused of DUI offenses, including aggravated and felony-level charges in Florida courts. We understand how quickly an ordinary night can turn into a criminal case involving allegations of high alcohol levels, accidents with injury, minors in the vehicle, or prior convictions. Our attorneys include two of the four lawyers in Florida who are Board Certified in DUI Defense, and our founding partners bring more than 50 years of combined criminal defense experience. 

For a confidential consultation about your aggravated DUI case, contact our office today.

What is an Aggravated DUI?

An aggravated DUI in Florida refers to a DUI offense that involves specific factors that make the crime more serious. While driving under the influence alone is a criminal offense, certain circumstances elevate it to an aggravated level.

In Orlando and throughout Florida, a DUI may be considered “aggravated” if any of the following apply:

• High Blood Alcohol Content (BAC): A BAC of 0.15% or higher
• Driving with a Minor in the Vehicle: A passenger under the age of 18 at the time of arrest
• Causing Property Damage or Injury: Accidents involving damage or bodily harm
• Repeat Offenses: Multiple DUI convictions within a certain timeframe
• Serious Bodily Injury or Death: Cases involving DUI manslaughter

These factors significantly increase the penalties and complexity of the case. Prosecutors tend to pursue aggravated DUI charges aggressively, making it essential to have a skilled defense attorney advocating for you.

Penalties for Aggravated DUI in Orlando

The penalties for an aggravated DUI are substantially harsher than those for a standard first-time offense. Under current Florida law, the court is often mandated to impose stricter sanctions that leave little room for judicial leniency.

Enhanced Fines

For a standard DUI, fines typically range from $500 to $1,000. For an aggravated DUI (BAC .15+ or minor in the car), those fines jump to:

• First Offense: $1,000 – $2,000
• Second Offense: $2,000 – $4,000
• Third or Subsequent: Minimum $4,000

Mandatory Ignition Interlock Device (IID)

While an IID is sometimes discretionary for standard DUIs, it is mandatory for aggravated offenses. You will be required to install a breath-testing device in your vehicle at your own expense for:

• First Offense (Aggravated): At least 6 continuous months
• Second Offense: At least 1 to 2 years, depending on the BAC levels

Increased Jail Time

An aggravated DUI increases the maximum "cap" on jail sentences:

• Standard First DUI: Up to 6 months
• Aggravated First DUI: Up to 9 months
• Aggravated Second DUI: Up to 12 months

Trenton’s Law & Refusal Penalties

As of late 2025, Florida’s "Trenton’s Law" has shifted the landscape. Notably, refusing a breath test for the first time is now a second-degree misdemeanor (criminal), and a second refusal is a first-degree misdemeanor. Furthermore, repeat DUI manslaughter offenders now face first-degree felony charges with up to 30 years in prison.

Common Defenses to Aggravated DUI Charges

Being charged with an aggravated DUI does not automatically mean you will be convicted. At Katz & Phillips, we carefully examine every detail of your case to identify weaknesses in the prosecution’s evidence.

Common defense strategies may include:

• Challenging the Traffic Stop: If law enforcement lacked probable cause, evidence may be suppressed
• Questioning Breathalyzer Accuracy: Breath and blood tests can be flawed or improperly administered
• Disputing Field Sobriety Tests: These tests are subjective and often unreliable
• Examining Police Procedures: Failure to follow proper protocols can weaken the case
• Medical Conditions or External Factors: Certain conditions may mimic signs of intoxication

Our goal is to reduce charges, negotiate favorable outcomes, or have the case dismissed whenever possible.

Aggravated DUI FAQs

What makes a DUI “aggravated” in Florida?

A DUI becomes aggravated when certain factors are present, such as a high BAC, having a minor in the vehicle, causing injury, or having prior DUI convictions.

Is aggravated DUI a felony in Orlando?

Some aggravated DUI charges are misdemeanors, but others—such as those involving serious injury or death—can be charged as felonies with much harsher penalties.

Can I avoid jail time for an aggravated DUI?

It depends on the circumstances of your case. An experienced attorney may be able to negotiate reduced penalties or alternative sentencing options.

Will I lose my driver’s license?

Most aggravated DUI convictions involve license suspension or revocation. However, you may be eligible for a hardship license in some cases.

Should I hire a lawyer for an aggravated DUI?

Yes. These charges carry severe consequences, and having our Orlando aggravated DUI attorney can significantly improve your chances of a favorable outcome.

Why Choose Our DUI Defense Team

When you are looking for help after an aggravated DUI arrest, you want more than a general criminal defense firm. You need attorneys who work with DUI law every day and who understand the technical and legal details that can shape the outcome of your case. That is the foundation of our practice at Katz & Phillips.

Our firm is based in Orlando, and it is led by founding attorneys James D. Phillips and David S. Katz. Together, they bring over five decades of criminal defense experience. Both are recognized among only four attorneys in the entire state who are Board Certified in DUI Defense. This credential is awarded through a rigorous process and signals that our attorneys have met strict standards in DUI trial work and legal knowledge.

Call (321) 425-8961 to speak with our team.