When Accidents Happen: Aggravated DUI Charges

While driving under the influence (DUI) charges are bad enough, you might be facing enhanced charges if an accident also occurred. Read on to find out more about this situation and why you must take assertive action to clear yourself of the charges.

The DUI Just Got More Serious

Accidents happen but if your blood alcohol concentration (BAC) was at or above the .08% limit at the time of the wreck, you could be charged with aggravated DUI. Even first-time DUI offenders can be heavily penalized by the results of a DUI conviction. Depending on your state's laws, you might even be charged with a felony in connection with a DUI accident. The law tends to multiply the punishment when aggravating factors like the below are present along with the DUI:

  • Displaying a BAC of far more than .08%
  • Injuries or death associated with the DUI
  • Fleeing from law enforcement
  • Resisting arrest
  • Having a minor-aged child in the car with you

What Enhanced Charges Mean

Each state is different but you may not be able to get away with an easy plea bargain if there are any enhancements with the arrest. The courts try to avoid sending people to jail, but there are plenty of other punishments available for aggravated DUI charges including:

  • Loss of driving privileges
  • Probation
  • Community service
  • Ignition interlock device placement
  • Classes
  • Counseling
  • Ankle monitoring
  • Fines and fees

You May Not Be Guilty

The methods used to test DUI suspects at the scene are far from reliable. A DUI defense lawyer will know how to attack the state's evidence against you so that your charges can be lowered or dropped. Fault in the accident is another issue to be resolved. Just because the field sobriety tests and breathalyzer results showed you had been drinking, accidents can happen for a wide variety of reasons. Here are just a few points your lawyer will argue when negotiating a plea bargain or during the trial:

  • You were not inebriated at the time of the wreck.
  • The other driver was at fault for the wreck.
  • The field sobriety results were inaccurate due to a lack of law enforcement training or a physical/ neurological condition you suffered from.
  • You were too shook up from the accident to display accurate test results.

To get more information about avoiding the worst of the punishment for an aggravated DUI, speak to local DUI attorney services soon.

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