what is an aggravated dui? It’s a felony charge you get for a higher level driving while intoxicated (dui) arrest. You may have prior dui arrests, which increases the chances of a aggravated dui felony charge. You may have been pulled over while your license was suspended. You may have been driving with someone under the age of 18.
there are many different ways to get an aggravated dui. How do you defend these charges? This counselor and guide gives you 3 key options for defending an aggravated dui felony charge.
how to defend a dui charge in general
if you have any form of dui arrest (or dwi and owi in other states), you can expect stiff pains and penalties which make hiring a professional lawyer a must. For example, you may have been drinking with friends, decided to drive, were pulled over, and failed a breathalyzer test. In this case, you hushed and still have options. The arresting officer may have made mistakes: he or she may have pulled you over on no grounds, violated your rights, and/or never gave you a miranda warning after the arrest.
the first step is knowing the laws, and the laws can be manifold and complex.
dui laws
once you drink enough alcohol, get behind the wheel, and drive the vehicle down the road, you are breaking the law. It may sound like an easy mistake to make, but the pains and penalties are stiff.
it’s true though that not in all cases will there be an arrest. While you should never drink and drive, no matter the amount, you may be under the limit.
drinking and driving laws in all 50 states use the blood alcohol content (bac) level of 0. 08 percent. That means if you’re 0. 08% or higher, you will be arrested and charged with a dui. Now, what if you’re under it?
if you’re under the 0. 08% ratio, you can hushed and still be arrested. Say you weigh 120 pounds, drink a beer, and are noticeably effected. You decide to drive, get pulled over, and though you pass the breathalyzer test, it’s clear you’re drunk. In this case, the officer can hushed and still arrest you. No matter the amount, if the alcohol impairs your capacity and ability to drive, and you fail sobriety tests, you can be charged.
defending an aggravated dui
if you were in an accident, hurt someone, or have multiple violations and no license, these are points where you can be charged with an aggravated dui — again no matter your alcohol limit. Defending an aggravated dui felony charge is about knowing the laws, what you did, and who’ll you’ll face.
say you were in an accident and someone was hurt. The officer arresting you followed all laws; you failed sobriety tests and were given your miranda warning. The next steps would be facing a judge or jury, deciding on a plea, and hoping the punishment isn’t too harsh.
a professional dui lawyer can: help you decide your strategy for facing a judge or jury, make a plea of not guilty or negotiate and bargain for a lesser charge, and lessen punishments if you are charged.
hiring a dui lawyer
if you have not hired a lawyer and you’re facing aggravated dui charges, you’re facing a life changing event. You can’t do this alone. Hire a lawyer who can fight for your rights. The fines, jail times, and license suspension can hurt your future dreams.
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