Under Florida law, the penalty for a driving under the influence conviction can be enhanced for certain reasons. These reasons, which can result in harsher sentencing for those convicted of DUI/DWI, are known as aggravating factors. First, if the driver had a very high blood alcohol concentration, which grossly exceeds the 0.08 percent concentration at which state law presumes a driver is impaired, the judge can and likely will impose a tougher sentence. The second factor that can result in a more severe sentence is having a child under the age of 18 years of age in the vehicle at the time the DUI occurred. Police, prosecutors, and judges tend to take the presence of a minor seriously, because the driver is endangering the welfare of a child. Additionally, the driver of the vehicle is setting an example of poor adult behavior by drinking and driving in front of a young and impressionable person.
DUI is also an enhanceable crime under Florida law. An enhanceable charge is one for which the penalty worsens each additional time a person is convicted of the charge. For example, a driver who is convicted of misdemeanor driving under the influence one time will typically receive a much lighter sentence than a driver facing his third or fourth conviction for the same offense. Third-time DUIs are frequently, and fourth-time DUIs are generally always, charged as felonies in accordance with state law. The enhanceable DUI/DWI scheme in Florida is similar to those used in other states. Incidentally, the earlier DUI convictions need not have occurred in Florida: even out-of-state DUI convictions will count toward the total necessary to enhance the offense. For subsequent DUI convictions, longer terms in jail, higher fines, and longer periods of driver's license suspension - or even permanent driver's license revocation - can result. The fourth time a driver is convicted of DUI, his license is usually permanently revoked by the Florida Department of Highway Safety and Motor Vehicles.
