Serious penalties are already carried by a standard garden-variety DUI charge. But fact presented in some situations can lead to even more severe penalties than those imposed for a normal DUI/DWI conviction. The existence of some aggravating facts in such a DUI case could lead to a substantial increase in penalties by increasing the length of possible sentence or by elevating the level of charges against the accused.
Following are several examples of scenarios that may lead to an elevation of your charges to aggravated DUI with enhanced potential punishments.
Prior DUI Conviction(s) — i.e., Repeat Offender
States grant harsher punishments to repeat offenders in order to deter individuals from drinking and driving of drugs or alcohol after their first DUI conviction. States have distinct systems for penalizing repeat offenders, so DUI defendants should assess their specific state’s laws or consult with a skilled DUI lawyer to learn more.Severely Elevated BAC (Blood Alcohol Concentration)
In almost all states, the legal limit for BAC to operated a vehicle in 0.08%. When tests show that the suspected DUI driver has a BAC which is severely above the legal limit (typically two or more times the authorized limitation,), the charges are increased to aggravated DUI.
Minors Present In The Vehicle
In some states, the charges will be increased to aggravated dui if there is a minor passenger present in the vehicle at the time of the arrest. Some states additionally raise the punishments for a DUI sentence if the violation happens in a school-zone, irrespective of whether youngsters were present in the automobile.
Suspended or Revoked Drivers License
Because the defendant has revealed a clear disregard for the laws by driving on a suspended or revoked drivers license, the charges against that defendant increase when he gets arrested for not only driving drunk, but also driving without a valid drivers license.