Driving under the influence, also known as DUI, is both illegal and dangerous. It poses a significant threat to public safety. DUI cases vary, and it’s important to know the difference between aggravated aggravated DUI vs DUI to understand the charges and consequences.
Understanding DUI
If someone drives a vehicle with a BAC above 0.08%, it’s called a DUI (driving under the influence). This is illegal for drivers over 21. A DUI conviction has serious consequences. You may face fines, jail time, license suspension, and mandatory alcohol education programs.
What is Aggravated DUI?
Aggravated DUI is a more severe form of DUI that involves one or more aggravating factors. There are several factors that can make a DUI charge more severe, such as driving with a BAC of at least 0.15%, causing injury or death, having previous DUI convictions, or driving with a suspended or revoked license. Aggravating factors can make an aggravated DUI conviction worse. This can lead to longer jail time, higher fines, and longer license suspensions. A driver with a high BAC can face an aggravated DUI charge and prison time if they cause a fatal accident.
Differences Between Aggravated DUI and DUI
Aggravated DUI is more severe than DUI because it has aggravating factors. An aggravated DUI charge is more serious than a regular DUI charge. It looks at more than just the driver’s BAC and impairment to decide the severity of the crime. Aggravated DUI convictions have greater penalties compared to standard DUI ones. This is because the driver’s actions can cause more risks and harm.
Defending Against Aggravated DUI and DUI Charges
Facing charges for DUI or aggravated DUI can be stressful. It can feel overwhelming and scary. A conviction can affect your life for a long time. It can lead to fines, jail time, license suspension, and a criminal record. Knowing your rights and available defenses is essential if you are charged.
- Challenging the Legality of the Traffic Stop: Police officers need a good reason to pull someone over. They have to suspect a crime or a driving offense. A DUI lawyer can check your traffic stop details and see if this defense applies to you.
- Questioning the Accuracy of Field Sobriety Tests: Law enforcement officers use field sobriety tests (FSTs) to check if a driver is drunk. These tests can be subjective. They might not show how impaired a person is. Fatigue, nervousness, or medical conditions can affect how someone does on FSTs. Your lawyer can question the accuracy of the FST results to weaken the case against you.
- Disputing the Chemical Test Results: BAC tests are often used as evidence in DUI and aggravated DUI cases. These tests include breathalyzer or blood tests. However, these tests are not infallible and can be subject to errors. There are several reasons why test results may be wrong, such as using equipment that is not calibrated correctly, not handling samples properly, or having certain medical conditions. A DUI lawyer can check the tests and results for issues that can challenge the test’s validity.
- Arguing Necessity or Duress: Sometimes, a driver can say they had to drive drunk because they had no other choice or were forced to. This defense is limited to certain cases, like when a driver has to drive drunk to save their life. While this defense is not commonly used, it may be a viable option in certain circumstances.
Finding the Right DUI Defense Attorney
Facing DUI or aggravated DUI charges? Look for a skilled DUI defense lawyer to help you. They can assess your case, find defenses, and plan to get you the best possible outcome.
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