In every state, it is illegal to drive a vehicle with a blood alcohol content (BAC) of more than 0.08%. However, certain factors can dramatically increase the severity of a DUI conviction.
Aggravated DWI is a misdemeanor charge that carries stiffer penalties than the typical DWI. If you have been arrested for an aggravated DWI, you should contact an experienced attorney immediately.
Aggravated DWI Vs DWI
Aggravated DWI is a misdemeanor offense that occurs when you have a blood alcohol concentration (BAC) of 0.18 percent or more. This is more than twice the legal limit of 0.08% and can cause you to face much more serious consequences at your sentencing than if you are convicted of a regular DUI.
In addition to a high BAC, other factors can elevate a DWI charge to an aggravated DWI. These include causing an accident while driving drunk, driving with an open container in your vehicle, having previous DWI convictions, and/or having a BAC that is 0.15% or higher on average.
Moreover, in some jurisdictions, transporting a minor while under the influence of drugs or alcohol can be considered an aggravated DWI. The penalties for this can be severe, including jail time, fines, license suspension, and more.
While a first-time DWI is a misdemeanor, a second or third-aggravated DWI within ten years can be charged as a Class E felony. This means that the maximum jail sentence is increased to four years and the fines are up to $5,000.
These charges can also affect your employment and career. In some states, a felony will disqualify you from certain jobs or professions, making it more difficult to find employment. It may also result in the denial of public benefits and government scholarships. Lastly, a felony will make you ineligible for many types of auto insurance rates.
Aggravated DWI Offense
Aggravated DWI is a more serious version of a class B misdemeanor DWI charge where there are certain aggravating factors. These include a blood alcohol level of more than .08 percent, a child in the car at the time of arrest, or multiple DUIs within a short period of time (which varies by state).
If you are charged with an aggravated DWI, you can face jail time and fines up to $5000 on your first offense. Repeat offenses carry even harsher penalties, and your license can be suspended for up to two years on a second aggravated DWI.
In some cases, you can challenge your aggravated DWI if the police officer did not have sufficient probable cause to pull you over or performed an inaccurate field sobriety test. Inaccurately measuring your BAC can occur for a number of reasons, including if you have health conditions or other medical issues that make it difficult to stand on one leg or walk and turn correctly.
Aggravated DWI Penalties
You can be arrested and charged with aggravated DWI if you are driving with a blood alcohol concentration (BAC) of 0.18% or more. This is more than double the legal limit of 0.08% for drivers over the age of 21.
Aggravated DWI is a serious charge and has harsh penalties. These include jail time, higher fines, license suspensions, and more driver training requirements.
First-time aggravated DWI charges are misdemeanors, but repeat offenses within ten years may qualify for a felony. A class D felony means you’ll spend up to seven years in prison, plus a $10,000 fine and license revocation.
If you cause a drunk driving accident that results in serious injury or death, you can be charged with intoxicated manslaughter or intoxicated assault. A third-degree felony will result in a 10-year prison sentence and a $10,000 fine, while a second-degree felony will require 20 years in prison and a $10,000 fine.
Felonies are the most serious criminal charges and come with severe consequences. They can affect your life for years to come, and they can be more difficult to clear up through the courts. Felonies can also affect your job and housing opportunities if you are employed. If you have a felony on your record, you should consider hiring an attorney to help you resolve the case. They can help you fight the conviction, prevent it from going on your record, or seal it from public view so that you don’t have to worry about it in the future.
Aggravated DWI Jail Time
If prosecutors believe that your blood-alcohol content (BAC) was higher than the legal limit for driving, they may charge you with an aggravated DWI. This is a misdemeanor offense that carries more serious penalties than a normal DWI.
If you are charged with an aggravated DWI, you can expect jail time. First-time offenders face up to one year in prison, a fine, and license revocation. A second-time offender faces up to four years in prison, a fine of $1,000 to $2,500, and license revocation for at least 18 months.
Additionally, if you are charged with a third aggravated DWI within ten years, you can be prosecuted as a Class E felony. This is the most severe penalty for this offense.
A defendant facing this crime is required to complete alcohol/drug screening, assessment, and treatment before being granted a license. They must also install an ignition interlock device in any vehicle they own or drive during their probation.
Aggravated DWI Defense
Even a first-time offender can be facing serious consequences for an intoxicated driving charge. If you are charged with aggravated DWI, you need an experienced attorney who is familiar with the specific laws and penalties that apply in your state.
There are many factors that can lead to aggravated DWI charges, including an accident, having prior convictions, or having a blood alcohol concentration (BAC) higher than the legal limit. These factors can make a misdemeanor DWI much more serious and may raise your sentence to a felony.
If you are charged with a second aggravated DWI within 10 years of your first offense, you can be charged with a Class E Felony. This means that you will face a longer jail sentence and higher fines, and your license can be revoked for up to 18 months.
Hiring a Lawyer for an Aggravated DWI Charge
If you have been charged with an aggravated DWI, it is crucial to hire a lawyer. An experienced attorney will know the law and will have the experience necessary to fight against your charges.
In addition, a specialized DWI lawyer will be more knowledgeable about the penalties you face and will have a better idea of what kind of defense is best for your case. In this way, they can help you minimize the impact of your case on your life.
A convicted DUI can have long-term consequences that will affect your future employment, social life, and overall quality of life. These impacts can include jail time, fines, and license suspension.
Depending on the circumstances of your arrest, you may also face charges for operating a vehicle under the influence with a child younger than 15 in the car. This is a Class E felony, and it can result in up to four years in prison.
If you have been charged with an aggravated DWI, it is important to consult with a lawyer as soon as possible. The sooner you hire a lawyer, the more likely you are to avoid jail time and other serious consequences associated with a conviction for aggravated DWI. Contact us or call us today if you need a help from an experienced DWI attorney. Visit our blog for more related articles.