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What Is Aggravated DUI?


Penalties for a regular DUI are serious enough, but when a DUI involves aggravating factors, the penalties become even more severe. Aggravating factors are circumstances that the law considers particularly egregious and dangerous.

Examples of aggravating factors in DUI cases include:

  • Causing an accident with another car in which someone was injured
  • Driving with a blood alcohol content of 0.20 or greater
  • Driving with a child under 14 years old in the car
  • Refusing a chemical test
  • Driving while on probation for another case
  • Driving on a suspended or revoked driver's license
  • Driving after having been convicted of multiple DUIs in the last 10 years
  • Excessively speeding
  • Driving while intoxicated while under the age of 21

Penalties for Aggravated DUI

Prosecutors will usually look for additional punishments for you with any of the above factors involved. The specific punishment will depend on the offense itself.

In general, punishments for aggravated DUI include:

  • At least 5 days in jail and a year-long license suspension for an accident causing injury
  • A 9-month alcohol program with an elevated blood alcohol content
  • Possible 48 hours in jail and possible child endangerment charges for having a minor in the car
  • 2 days in jail and alcohol treatment program for refusing a chemical test
  • 60 days in jail for excessive speed of 20 to 30 miles per hour over the posted limit

No matter what the circumstances of your aggravated DUI, you have rights and you are not guilty of a crime unless a judge or jury convicts you. An Orange County criminal defense attorney can use many of the same defenses possible in a normal DUI case. Even if your case cannot be dropped, an attorney can work to have your charges reduced so that you may avoid the maximum penalty.

Call The Law Offices of Jacqueline Goodman for legal help for your aggravated DUI charge. (714) 266-3945

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