Being charged with driving under the influence (DUI) of alcohol is bad enough, but the situation becomes more serious when the charge is aggravated drunk driving. A DUI conviction leads to a steep fine, driver’s license suspension and possible jail time. And those penalties are increased with a conviction of aggravated DUI. Someone charged with this offense benefits from hiring a drunk driving defense lawyer to prevent the worst consequences.
The concept of this offense involves actions known as aggravating factors. What actions lead to a charge of aggravated DUI? This varies by state, but some general parameters can be considered. If the person’s blood alcohol content (BAC) was substantially higher than the legal limit, this is considered a more serious offense than someone whose BAC was borderline illegal. Causing an accident or property damage is another factor, especially if someone was injured. Combining a traffic offense with DUI also can result in an elevated charge. For example, someone who was driving significantly faster than the speed limit or who ran through a red light, may be at risk of the aggravated DUI charge. Intoxicated driving in a school zone is also a more serious aspect, as is having a minor in the car.
Prosecuting attorneys and judges both are likely to view a situation with aggravating factors more harshly. A judge may be inclined to impose the strictest sentence possible upon conviction. In contrast, mitigating factors can persuade a judge to be more lenient. Mitigating factors might include the person just barely having an illegal blood alcohol content, having a clean driving record before this incident and having voluntarily begun an alcohol treatment program.
If the person has one or more previous DUI convictions on the record and now is charged with aggravated DUI, the consequences can be very serious. However, even if this is the first offense, having a drunk driving defense lawyer to provide legal representation is important. A firm such as Addair Thurston is ready to represent clients who are facing incarceration, a lengthy drivers license suspension and a monetary fine they cannot afford to pay. See the website for further information. You can also follow them on Twitter.
