People can get arrested for driving under the influence (DUI) charges because they drive poorly or fail chemical tests. Most people face standard DUI charges after a police officer arrests them on suspicion of drunk driving.
However, sometimes state prosecutors can pursue aggravated DUI charges. The state treats the offense as more serious, and the courts have the ability to hand down more significant penalties after a guilty plea or conviction.
When is a driver at risk of an aggravated DUI charge?
Alcohol levels can be an aggravating factor
Prosecutors can sometimes pursue secondary charges against people accused of harming others or endangering children through drunk driving. A driver could face felony serious injury by vehicle charges, for example.
However, an aggravated DUI charge involves a specific situation. Generally, the driver needs to have a blood alcohol concentration (BAC) substantially above the current legal limit to be at risk of aggravated DUI charges.
People can face standard DUI charges if their BAC reaches 0.08%. The state can pursue aggravated DUI charges when test results show a BAC of 0.15% or higher, which is almost twice the legal limit.
Those who are substantially over the limit are at greater risk of causing crashes that put people in the hospital. Aggravated DUI charges not only carry increased penalties but also are more likely than basic charges to result in the courts handing down the harshest punishment possible.
Those facing aggravated DUI charges may need help preparing a defense strategy. Questioning the legality of a traffic stop or the accuracy of a test result could be the beginning of a workable defense.