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Navigation
- DUI and DWI Part 1 - Booking, Arrest, and Bail An "arrest" in strict legal terms occurs when a person has been placed under police custody
- Trying to Find Public Arrest Records? Here is How to Easily Find Public Records From Home
- Drug Possession Charges Three Tips For Getting the Best Defense.
- Drunk Driving 3 Myths About Alcohol and Impaired Driving
- Domestic Violence Charge? Help Your Domestic Violence Attorney Build a Solid Case
- DUI Charge? Keys to Beating an Aggravated DUI Charge
Keys to Beating an Aggravated DUI Charge
If you've been charged with a DUI or DWI (the term depends on the state), you often already face tough penalties. You can expect to lose your license for 1 year or more, a fine, probation, and to spend some time in a jail cell. If you were pulled over, were clearly intoxicated, and were arrested, those are the charges you'll face. However, there are occasions where the penalties can be much worse.
If you get multiple DUI violations, if you are far over the legal blood alcohol content level of 0.08%, if you hurt someone in an accident, or if you placed a minor in danger, you may face a felony charge. Felony charges are far more serious, and some states consider these to be "aggravated DUI" charges. You simply cannot do without an attorney if you have been charged with a felony, no matter if it's for DUI charges or not. For the purposes of this article, let's consider it for drinking and driving.
What a DUI Means Driving under the influence charges are known to most, likely because it's such a common problem. In some states, it's clearly stated drinking and driving is a leading, if not the #1, cause of death for drivers and pedestrians. A DUI simply means you drank too much, got behind the wheel, and started driving, thereby breaking the law.
When are you over the limit? The BAC limit for a DUI is the same in all states. If you are at or over.08%, you will be arrested. Its very hard to defend against a BAC level. While the breathalyzer can be a problematic device, in most cases, a positive read will lead to charges. If a blood test for alcohol is taken at a later stage, that's a more precise number.
Why a felony? As stated, if you are way over the limit, have multiple DUI violations, were involved in an accident and hurt someone, or had a minor in the car with you, you often face felony charges. These are aggravated DUI charges in many states. This is simply because drinking and driving is such a problem, and repeat offenders are so common.
An aggravated DUI means you will face a much longer license suspension, a higher fine, and more time in jail. In these cases, you need a strong defense lest the penalties ruin your life.
How can you defend it? You defend an aggravated DUI by hiring an experienced attorney who's handled cases like yours before. While it is very difficult to beat these charges, there is a very good chance that your penalties can be lessened. Instead of many years where your license is suspended, thousands in fines, and months in jail, your lawyer may find holes in the case against you and perhaps avoid maximum punishment.
The important thing is to always have representation in court. Without the right lawyer, you're all alone in front of a judge who sees cases like yours daily.