The law is rarely simple, and this is one reason why the legal system is rarely easy to understand. The difficult nature of the law means that you may not understand the extent of a charge if you are ever arrested and charged with a crime. This is the case when it comes to DUI charges, especially if there are circumstances that elevate the crime and make it more serious. Keep reading to learn about some of these circumstances and how they may affect the charge and the possible outcome once your court date is set.
Aggravated DUI is the general term used to describe a situation where aggravated factors occurred during the DUI. Aggravated charges also may be filed based on your overall circumstances as well. These factors can vary greatly, but they increase the seriousness of the crime itself. For example, you can be charged with a DUI if your blood alcohol concentration (BAC) is above .08%. If your BAC is double this limit or even higher, then you committing something called extreme DUI. While states will use different terms, charges, and limits to describe this sort of DUI, this is considered aggravated DUI and it can be lead to longer jail times, fines, and possible alcohol or substance abuse counseling.
Aggravated DUI is often used to describe an offense where another crime was committed at the same times as the DUI. For example, if you were driving on a suspended license or if you were carrying drugs in the car with you, then your crime would be a more serious one.
Aggravated charges are also common if you were excessively speeding at the time you were pulled over. This is considered a reckless and negligent act that may have caused great harm to another person Excessive speeding is sometimes called reckless driving. The amount you speed that would be considered excessive will vary by state. In Virginia for example, driving 20 miles over the speed limit is considered reckless and so is any speed above 80. Other states describe excessive speeding as 30 miles over the speed limit.
Driving With Minors In Vehicle
Over the last few years, there have been fatalities in several states where parents, guardians, and other adults committed DUIs with children in the car. Due to the fatalities, many states have created laws to target this specific offense. In most states, driving under the influence of alcohol with a minor in the vehicle is considered a very serious crime. In many cases, it can turn a DUI into a first degree misdemeanor. In some states, it can turn a misdemeanor DUI into a felony. This can mean mandatory jail time, lengthy license suspensions or complete revocation, and high fines.
You should understand that the offense involves driving with any individual under the age of 18. However, a few states indicate that a minor in this instance describes a child under the age of 16 or 12.
Also, you should know that you may be charged with a more serious crime if you committed a DUI in a school zone or near a school. In many cases, the charges will be similar to ones if you were actually driving with a minor in your vehicle. More serious charges may apply if you were near a playground too, and it does not matter if school was in session or if there were children on the playground.
If you are concerned about DUI charges, speak with a dedicated DUI attorney from firms like Winstein, Kavensky & Cunningham, LLC. This individual can explain the charges to you and also what kinds of penalties you may be looking at.Share