Florida Board Certified Expert in Criminal Law - Broward County DUI Defense Lawyer
Broward County Florida DUI Lawyer - Board Certified Expert  Criminal Defense Attorney Robert David Malove.  Call 954-745-5840 today.
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Question: What is a sentence "enhancement"?
ANSWER:

Florida law increases the punishment in DUI cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense within seven years of the current offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include:
  • A child was in the car at the time.
  • The defendant was traveling 20 or 30 miles over the speed limit at the time.
  • The blood-alcohol concentration (BAC) was over .20%.
  • The defendant refused to submit to a chemical test.
  • There was property damage or injury. The defendant was under 21 ("zero tolerance" laws commonly require a much lower blood-alcohol level and impose longer license suspensions).
The existence of any personal injury caused by someone who is DUI elevates the offense to a felony. A death can trigger manslaughter or even, if special circumstances exist, murder charges.

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These questions and associated answers have been adapted to Florida law with permission from Lawrence Taylor.
© 2006 Robert David Malove. All Rights Reserved.
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