Aggravated DUI

Understanding DUI Charges in Pennsylvania

Driving under the influence (DUI) laws can vary significantly from state to state, including in Pennsylvania. The state categorizes DUI charges into levels to address varying degrees of impairment and associated risks. These charges primarily include:

• General Impairment: If your blood alcohol concentration (BAC) is 0.08% or higher, you can be charged with General Impairment DUI.
• Aggravated DUI: For certain conditions, which vary by state, Pennsylvania considers specific aggravating factors such as a notably high BAC, the presence of children in the vehicle, or accidents causing injuries.
• Highest BAC DUI: Pennsylvania also defines a third level, which involves extremely high BAC levels and specific aggravating conditions.

Navigating such laws can be complex, particularly due to Pennsylvania’s detailed DUI charge classifications. Leveraging the guidance of a knowledgeable Somerset DUI attorney can make a significant difference in building a strong defense if you’ve been charged in such situations.

What Are Aggravating Factors in Pennsylvania?

Aggravating factors in Pennsylvania can escalate the severity of a DUI charge, leading to harsher penalties upon conviction. These factors can dramatically affect the outcome of your case. Your ultimate goal should be to mitigate or eliminate these aggravating factors to reduce potential penalties. Partnering with an experienced Somerset criminal lawyer can be instrumental in achieving favorable results.

1. High Blood Alcohol Concentration

• A BAC between 0.10% and 0.159% can result in “High BAC” charges.
• A BAC of 0.16% or higher leads to “Highest BAC” charges.

Your DUI attorney can challenge the credibility of BAC results by questioning breathalyzer and blood tests, the validity of traffic stops, and field sobriety testing procedures.

2. Previous DUI Convictions

Having prior DUI convictions significantly impacts your current case. Repeat offenses, whether they’re your second or tenth, result in increasingly severe penalties. A Somerset criminal lawyer can explore options such as expunging or downgrading previous offenses, reducing their impact on your current situation.

3. Children in the Vehicle

If you are charged with DUI while children under the age of 14 are in the vehicle, this constitutes an aggravating factor. This considerably elevates the consequences you face. An attorney may help evaluate the specifics of this charge to construct an effective defense.

4. Accidents Causing Injury

When accidents occur due to DUI and result in injuries, the penalties you face can increase substantially. Strong legal representation, coupled with a thorough investigation into the details of the incident, is crucial in such cases.

Pennsylvania’s Accelerated Rehabilitative Program (ARD)

For eligible first-time offenders, Pennsylvania offers the Accelerated Rehabilitative Program (ARD) as an alternative to standard prosecution. Completing this program successfully could lead to the expungement of your DUI conviction. To qualify for ARD, you must meet specific criteria:

• There have been no fatalities or serious injuries (apart from those sustained by the accused).
• This is your first DUI offense within the past ten years.
• There were no passengers under the age of 14 in your vehicle during the incident.

Without ARD participation, pursuing expungement becomes far more challenging. A skilled Somerset DUI attorney can determine your eligibility for ARD and guide you through the application process.

Severe Penalties for High BAC or Highest BAC Charges

If you are convicted of a Highest BAC DUI (0.16% or higher) in Pennsylvania within the last 10 years, the repercussions can be significant, including:

• Ungraded Misdemeanor: A criminal charge that will remain on your record.
• License Suspension: Driving privileges may be suspended for up to 12 months.
• Mandatory Assessments: You might be required to undergo a drug and alcohol evaluation and adhere to treatment plans.
• Jail Time: Potential confinement for up to six months.
• Alcohol Highway Safety School: Completion of this program is mandatory.
• Fines: Financial penalties range from $1,000 to $5,000, depending on the case’s specifics.

An experienced Somerset criminal lawyer can help mitigate these harsh consequences through tailored legal strategies and by challenging the evidence presented against you.

How a Somerset DUI Attorney Can Help You

Successfully navigating DUI charges in Pennsylvania requires a thorough understanding of both the law and the court system. A DUI attorney can provide you with essential support in the following areas:

• Case Evaluation: Your attorney will review your case in detail to identify any weak points in the prosecutor’s evidence.
• Challenging Evidence: Evidence such as breathalyzer results, traffic stops, and sobriety tests can often be contested.
• Exploring ARD Eligibility: A qualified attorney can help determine whether ARD might be a viable option for you.
• Mitigating Aggravating Factors: From previous convictions to accident-related injuries, your attorney will aim to minimize the legal impact of these aggravating factors.

Don’t face DUI charges alone. Partner with a knowledgeable Somerset criminal lawyer who can help you safeguard your rights and achieve the most favorable outcome.

Final Words

Dealing with DUI charges, especially those involving aggravating factors, can be overwhelming. Pennsylvania’s DUI laws are intricate, but with the assistance of a dedicated Somerset DUI attorney you can effectively manage these challenges.

If you’re facing DUI-related charges, don’t hesitate to seek the guidance of professionals who understand the complexities of Somerset’s legal system. Reach 844.PITT.DUI out for a consultation today.