Certain factors in a Florida DUI / DWI case can substantially increase the court punishment a driver faces. A skilled Florida DUI / DWI attorney will develop an aggressive defense strategy designed to minimize court punishment in a drinking and driving case.

In Florida, sentencing enhancements include driving drunk with children in the car, having a blood alcohol content of .20 percent or greater, or causing injury or property damage. The additional allegations, like the underlying DUI charge, must be proven beyond a reasonable doubt or the sentence cannot be enhanced.

Sentencing enhancements can increase every aspect of court punishment, including higher fines, longer jail sentences, extended driver’s license suspensions, and longer probation.

The allegation of driving drunk with children in the car is a serious accusation that can trigger a separate child abuse charge and increase the punishment of the original DUI / DWI charge. If proven, the allegation that there were minors in the vehicle with a drunk driver can double the amount of the fine imposed and add three months to the potential jail time in a first- or second-offense Florida drinking and driving charge.

Having a blood alcohol content (BAC) of .20 percent or greater can also bring additional punishment to an accused drunk driver. This enhancement also can double the fine imposed on a first- or second-offense Florida DUI / DWI conviction and increase the maximum jail sentence by three months.

Being involved in a traffic accident in a DUI / DWI case also brings a sentencing enhancement. Accidents that result in injury to someone other than the driver typically result in a felony charge. Motorists who cause injury or property damage while driving drunk face additional fines, jail time, and license suspensions.

Certain other factors can prompt a sentencing enhancement, including prior DUIs or “wet-reckless” convictions, or drunk driving offenses that involve a death or multiple victims. If proven, these allegations can result in severe punishment.