Aggravated DUI

Aggravated DUI charges look different depending on the state you are in, and Pennsylvania is no exception. In Pennsylvania, drunk driving offenses are generally categorized into distinct levels. The first is General Impairment Driving While Impaired, which applies when a driver’s blood alcohol concentration (BAC) reaches .08 percent or above. Then, certain specific conditions can elevate the situation. For example, aggravating factors might involve driving with one or multiple children inside the car, having an exceptionally high BAC, or causing an accident that leads to injuries. Furthermore, Pennsylvania law goes a step further by including a third tier of DUI charges that strictly considers these types of aggravating factors.

Making sense of DUI legislation can be incredibly overwhelming, especially in Pennsylvania, where the legal statutes are highly complex. Nevertheless, if you find yourself facing charges for driving under the influence of alcohol, you should never wait to contact Logue Law Group. By partnering with a dedicated New Castle DUI attorney, you will have the support needed to fully understand your situation and build a formidable defense strategy.

What Are Aggravating Factors?

Across the state of Pennsylvania, a variety of circumstances can drastically elevate a standard DUI charge, bringing harsh implications if a conviction occurs. As a defendant, your main objective is to achieve a positive resolution by fighting or lessening these aggravating factors. This is exactly where the strategic knowledge of a seasoned New Castle criminal lawyer proves to be completely essential.

Here is a closer examination of several aggravating factors that are frequently evaluated in drunk driving cases:

• High Blood Alcohol Concentration: Registering a BAC of .10 percent or greater leads to High BAC charges. Meanwhile, a BAC of .16 percent or more triggers the highest BAC charges. A proficient New Castle DUI attorney can question the reliability of blood or breathalyzer tests, in addition to challenging the legality of the initial traffic stop and field sobriety evaluations, thereby disputing the BAC findings.
• Previous Convictions: Having past DUI convictions on your record—whether this is your second, third, fourth, or tenth offense—will heavily dictate the severity of your current penalties. Your legal counsel can look into possibilities to downgrade, dismiss, or expunge your prior convictions.
• Presence of Children: Transporting one or more children under 14 years old in your car during the arrest will trigger enhanced charges, making the potential fallout much more severe.
• Accident-related Injuries: Causing an auto collision while under the influence that results in physical injuries will magnify the harshness of your legal punishments.

For those who qualify, Pennsylvania provides an alternative route known as the Accelerated Rehabilitative Disposition (ARD) program. Successfully finishing this program can potentially result in the expungement of your criminal conviction in Lawrence County and beyond. If you do not participate in ARD, securing an expungement is considerably more difficult. To be deemed eligible for ARD, you must satisfy specific criteria, which include:

• No fatalities or severe injuries occurred, aside from those sustained by the alleged offender
• It stands as your very first offense in the past ten years
• There were no passengers in the vehicle under the age of 14

It is critical to remember that even though Pennsylvania does not feature a specific statute simply labeled “Aggravated DUI,” any of the aggravating factors discussed above will lead to amplified charges. To properly handle the complications of these enhanced charges, consulting with an experienced New Castle criminal lawyer is a necessary step.

How We Can Help

Whenever you are dealing with a High BAC or Highest BAC drunk driving charge, the potential fallout is life-altering. If you are charged with a .16 percent Highest DUI offense within a ten-year window, you could face some or all of the following penalties:

• Ungraded misdemeanor charges
• A mandatory driver’s license suspension for 12 months
• A compulsory drug and alcohol assessment alongside required treatment
• A potential jail sentence lasting up to six months
• Mandatory completion of Alcohol Highway Safety School
• Steep fines ranging anywhere from $1,000 to $5,000

To protect your future, reach out to New Castle DUI attorney today at 412.387.6901.