What Is Aggravated DUI in California? [Infographic] Law Office of from www.michaelwaks.com
Introduction
Driving under the influence (DUI) is a serious offense that can result in hefty fines, license suspension, and even jail time. However, some DUI cases are considered more severe than others. One such case is aggravated DUI, which carries harsher penalties than a regular DUI charge. In this article, we'll explore what aggravated DUI is, how it differs from regular DUI, and the consequences of a conviction.
What is Aggravated DUI?
Aggravated DUI is a more severe form of DUI that involves aggravating circumstances. These circumstances can vary depending on the state, but they generally include factors such as: - A blood alcohol concentration (BAC) above the legal limit (usually 0.08%) - Driving with a suspended or revoked license - Causing an accident that results in injury or death - Having prior DUI convictions - Driving under the influence with a child in the car - Refusing to take a breathalyzer test
How is Aggravated DUI Different from Regular DUI?
The main difference between aggravated DUI and regular DUI is the severity of the offense. Aggravated DUI involves aggravating circumstances that make the offense more serious. Regular DUI, on the other hand, is a standalone offense that does not involve any aggravating factors. In other words, aggravated DUI is a subset of DUI.
The Consequences of Aggravated DUI
The consequences of an aggravated DUI conviction can be severe. Penalties can include fines, license suspension, community service, and even jail time. In some cases, a conviction can also result in mandatory installation of an ignition interlock device (IID) in the offender's car. This device requires the driver to blow into a breathalyzer before starting the car, and if alcohol is detected, the car won't start.
Defending Against Aggravated DUI Charges
If you're facing aggravated DUI charges, it's important to seek legal representation as soon as possible. A skilled DUI defense attorney can review the evidence against you and determine if any of your constitutional rights were violated during the arrest or investigation. They can also negotiate with the prosecutor to reduce the charges or seek a plea bargain.
Conclusion
Aggravated DUI is a serious offense that can result in harsh penalties. If you're facing aggravated DUI charges, it's important to seek legal representation and understand your rights. Remember, a conviction is not a foregone conclusion, and with the right legal strategy, you may be able to reduce the charges or avoid a conviction altogether.
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