Last updated November 2025
There are several factors that can lead to enhanced DUI penalties in Florida, including high BAC levels, injury to others, or having a minor in the car.
⚖️ What Are the Factors That Can Lead to Enhanced DUI Penalties in Florida?
Florida law outlines multiple factors that can lead to enhanced DUI penalties, which can dramatically affect sentencing.
A DUI enhancement refers to specific aggravating factors that increase the severity of the penalties you face if convicted. Some can escalate a DUI from a misdemeanor to a felony. Others result in higher fines, longer license suspensions, or mandatory jail time.
🔺 Common DUI Enhancements in Florida
1. High Breath Alcohol Level (BAC ≥ 0.15)
If your BAC is 0.15 or higher, Florida law imposes:
Higher fines
Mandatory ignition interlock
Longer probation periods
Possible jail time even for first offenses
2. Minor Passenger in the Vehicle
Driving under the influence with a child under 18 in the car:
Triggers enhanced sentencing
Adds potential child endangerment concerns
May affect future custody cases
3. Serious Bodily Injury (SBI)
If another person is seriously injured in the crash:
You face up to 5 years in prison
Prosecutors are far less likely to negotiate
4. DUI Manslaughter
If someone dies in a crash where DUI is alleged:
You could face a second-degree felony
Mandatory minimum: 4 years in state prison
Up to 15 years if convicted
Prosecutors aggressively pursue these charges
🧠 Less-Known DUI Enhancers
Refusing a breath test with prior refusals
Prior DUI convictions (especially within 5 or 10 years)
Causing property damage or a hit-and-run
These don’t always lead to a felony, but they can block eligibility for diversion or lenient sentencing.
👨⚖️ Arrested for DUI With Enhancing Factors? Call Now.
If you’re facing any of the factors that lead to enhanced DUI penalties in Florida, contact an attorney immediately.
At Michael White, P.A., we’ve defended hundreds of DUI cases across South Florida—including cases with serious enhancements. We know how to challenge:
BAC results and breath machine calibration
Alleged injuries and their medical classifications
Police reporting errors and constitutional violations
📞 Call (954) 270-0769 or schedule a free consultation to build your defense before charges get worse.
Florida law outlines several factors that can lead to enhanced DUI penalties, such as high BAC or serious injury.
💬 Frequently Asked Questions
Q: Can I still get a diversion program with an enhanced DUI?
A: Maybe. Some counties allow diversion for BAC ≥ 0.15, but not if there’s injury, a minor in the car, or repeat DUIs.
Q: Will I lose my license longer if I had a high BAC?
A: Yes. A high BAC may lead to a 12–18 month suspension and mandatory interlock.
Q: What if the other driver was partially at fault in a crash?
A: Your attorney can use this in negotiations or trial. DUI alone doesn’t automatically assign blame for a crash.
Q: Is DUI manslaughter a mandatory prison offense?
A: Yes. Florida law requires a minimum of 4 years in prison, even for first-time offenders.