What are aggravating circumstances in a DUI case?

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Question:

What are aggravating circumstances in a DUI case?

Answer:

A first time DUI is a misdemeanor. However even a first time DUI can be a felony offence if it results in an accident that causes bodily injuries to others on the road.

If you are charged with DUI and if it is your first offence, then you will be left of after you pay a fine. However if there are aggravating circumstances, then the penalties will be more severe. The penalties for an aggravated DUI include imprisonment, hefty fines, ignition lock installation, driver’s license suspension, etc. Sometimes your vehicle can be impounded and sold by the state.

The aggravating circumstances in a DUI case are determined by state law. Generally the following will be considered as aggravating circumstances in a DUI case:

  • Causing an accident
  • Running away from the police when stopped
  • Driving at an extremely high speed over the legal speed limit
  • Reckless driving
  • Driving on the wrong side of the road
  • Having a blood alcohol concentration which is very high, generally 0.10% or higher.
  • Having a minor in the vehicle
  • Refusing a breath test

Generally a first or second DUI offence is a misdemeanor even with aggravating circumstances. However in some cases, you will be charged with a felony offense. The minimum punishment for a felony DUI is one year in prison.

You will face serious consequences if you are convicted of an aggravated DUI. You will find it difficult to get affordable auto insurance. Consult with an experienced DUI attorney if you have been charged with aggravated DUI. The attorney can fight the charges against you.

References:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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