Aggravated DUI Attorney in Miami

Former Miami-Dade Prosecutor. Felony DUI Defense That Knows Both Sides.

An aggravated DUI charge in Florida is a felony. It carries mandatory prison exposure, a multi-year license revocation, and consequences that follow you well beyond any sentence. The decisions made in the first days after arrest shape what options remain. At The Law Offices of Eric M. Matheny, P.A., we defend clients facing this charge throughout Miami-Dade County with a specific advantage: Attorney Eric M. Matheny prosecuted felony cases in Miami-Dade before turning to criminal defense. He knows how the state’s office builds these cases because he built them.

We offer a free case evaluation, are available 24/7 for new clients, and provide payment plans so cost doesn’t stand between you and serious representation.

If you’ve been arrested for an aggravated DUI in Miami-Dade, contact us now at (305) 504-6655. Every day that passes can affect your ability to challenge the state’s evidence and protect your license.

What Makes a DUI “Aggravated” Under Florida Law

Florida Statute 316.193(3)(c)(2) defines DUI causing serious bodily injury as operating or being in actual physical control of a vehicle while impaired and causing or contributing to serious bodily injury to another person. That phrase “serious bodily injury” carries a specific legal meaning: an injury that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Traumatic brain injuries, spinal cord injuries, and severe fractures typically meet this threshold. Minor injuries don’t.

Other factors can elevate a standard DUI beyond a misdemeanor, including a blood alcohol content of 0.15 or higher, a minor under 18 in the vehicle, prior DUI convictions, excessive speed, or driving on a suspended license. The gradations matter: a DUI causing only property damage or non-serious personal injury remains a first-degree misdemeanor. The charge escalates to a third-degree felony when injuries satisfy the serious bodily injury definition. At the far end, DUI manslaughter, charged when impaired driving causes death, is a second-degree felony carrying up to 15 years in state prison and a mandatory minimum of 4 years.

Penalties for an Aggravated DUI Conviction in Florida

DUI causing serious bodily injury is a third-degree felony punishable by up to 5 years in prison, up to 5 years of probation, and fines up to $5,000. But the statutory maximum understates the real exposure. Under Florida’s Criminal Punishment Code (CPC) scoresheet, this offense carries 56 primary offense points. If the prosecution has the victim’s injuries classified as severe, up to 40 additional points can be added. At 96 total points, the scoresheet triggers a minimum mandatory sentence of 51 months in state prison, even for a first-time offender. That number isn’t a prediction. It’s how the math works under Florida law.

The consequences extend past sentencing:

• License revocation: A conviction carries a minimum 3-year revocation under Florida Statute 322.28, beginning after any incarceration is complete. A prior DUI extends the revocation further.
• Ignition interlock device: Mandatory upon any reinstatement of driving privileges.
• Victim restitution: Courts may order you to pay the victim’s medical expenses, lost wages, and other financial losses.
• Professional licensing: A felony conviction can affect eligibility for professional licenses in medicine, law, real estate, and other regulated fields.
• Immigration consequences: For non-citizens, certain felony convictions may trigger deportation proceedings.
• DHSMV formal review hearing: This administrative proceeding, separate from the criminal case, must be requested within 10 days of arrest to challenge automatic license suspension. Missing that deadline waives your right to contest it.

Defense Strategies in Miami-Dade Aggravated DUI Cases

To convict on this charge, the state must prove two distinct elements beyond a reasonable doubt: that you were impaired, and that the impairment caused or contributed to the serious bodily injury. A defense that undermines either element can affect the outcome.

Attorney Matheny approaches every case by first evaluating it the way a prosecutor would. That means identifying where the state’s evidence is strongest, where it’s weakest, and where the defense has the most to gain. Strategies that may apply depending on the facts include:

• Challenging causation: Contesting whether the impairment proximately caused the accident, or whether other factors were responsible.
• Contesting the serious bodily injury classification: Arguing that the victim’s injuries don’t satisfy the statutory definition, which could reduce a felony charge to a misdemeanor.
• Blood evidence challenges: Contesting the legality of the blood draw under Florida Statute 316.1933, errors in chain of custody, or flaws in laboratory analysis.
• Suppression of evidence: If law enforcement lacked reasonable suspicion for the stop or failed to follow constitutional requirements during arrest, a suppression motion may exclude key evidence.
• Rising BAC defense: When a driver’s BAC was rising at the time of the accident and may have been below the legal limit while actually operating the vehicle.

Physical evidence from an accident scene, witness memories, and video footage all deteriorate quickly. Retaining an attorney immediately after arrest preserves your ability to challenge what the state gathers in those early hours.

Why Miami-Dade Clients Choose The Law Offices of Eric M. Matheny, P.A.

Attorney Matheny served as a prosecutor with Miami-Dade County before transitioning to criminal defense. That background means he understands which witnesses carry weight in felony DUI cases, how injury classifications are argued, and where charges tend to be vulnerable before trial. It’s a perspective that many defense attorneys don’t have, and it shapes how we approach every case from intake through resolution.

Trial Experience & Credentials

Attorney Matheny has tried more than 50 jury and non-jury trials and has been recognized by Expertise.com as one of the Best DUI Lawyers in Miami for 2024 and 2025, and among the Best Criminal Defense attorneys in Miami for both years. He carries an Excellent rating on Avvo and has received the Avvo Client’s Choice Award. He is a member of the Florida Association of Criminal Defense Lawyers and The Florida Bar.

Full-Picture Representation from Day One

From the first consultation, we address everything: criminal exposure, license consequences, effects on professional licenses, and immigration status where applicable. We keep clients informed at every stage because understanding where your case stands helps you make better decisions throughout the process.

Contact Us After an Aggravated DUI Arrest in Miami-Dade

The 10-day DHSMV deadline, the CPC scoresheet, and the need to preserve physical evidence from the accident scene all make early action critical. A free case evaluation costs you nothing and can give you a clearer picture of what you’re facing and what your options are. Payment plans are available.

Call The Law Offices of Eric M. Matheny, P.A. now at (305) 504-6655. We’re available 24/7 and ready to get to work on your defense.