Aggravated DUI

DUI charges are not handled the same way in every state, and Pennsylvania is no exception. In the Commonwealth of Pennsylvania, drunk driving offenses are generally categorized into two main groups: General Impairment Driving While Impaired (which applies when a driver’s blood alcohol concentration is at least .08 percent) and Aggravated DUI. The latter involves specific conditions or “aggravating factors” that make the offense more serious in the eyes of the law. Common examples of these factors include having a minor child in the vehicle, registering a particularly high BAC, or being involved in a crash that causes bodily injury.

Pennsylvania law takes this complexity a step further by utilizing a three-tiered system for DUI charges. This system determines penalties based on the level of impairment and the presence of these aggravating circumstances.

Navigating these regulations can be difficult, especially since the laws in Pennsylvania are quite intricate compared to other regions. If you have been accused of driving under the influence in Berks County, it is vital that you seek legal counsel immediately. The team at Mountaineer Law Group is ready to help you understand the specifics of your case and build a robust defense strategy.

What Are Aggravating Factors?

In Pennsylvania, there are many distinct elements that can elevate a standard DUI charge to a more serious offense. Each of these factors carries its own specific consequences if you are convicted. As a defendant, your main objective should be to achieve the best possible result, which often means working to eliminate or reduce these aggravating factors. This is where the knowledge of a seasoned Morgantown criminal lawyer becomes essential.

Here is a more detailed breakdown of the common aggravating factors that play a role in DUI cases:

• High Blood Alcohol Concentration: The law distinguishes between levels of intoxication. If your BAC is .10 percent or higher, you face High BAC charges. If it reaches .16 percent or above, you face Highest BAC charges. Your attorney may be able to challenge the accuracy of the breathalyzer or blood tests, or question the legality of the traffic stop and field sobriety tests, to cast doubt on these results.
• Previous Convictions: Your history matters. If you have prior DUI convictions—whether it is your second, third, fourth, or even tenth offense—the penalties you face now will be significantly harsher. A Morgantown DUI attorney can review your record to see if there are options to dismiss, expunge, or downgrade those past convictions to help your current situation.
• Presence of Children: If you are arrested for DUI while there is a child under the age of 14 in the car with you, the law mandates enhanced charges. This automatically intensifies the potential punishment you could receive.
• Accident-related Injuries: The stakes are raised if your impaired driving results in an accident that injures another person. In these instances, the severity of the sentencing increases dramatically.

For certain offenders, Pennsylvania provides an alternative known as the Accelerated Rehabilitative Disposition (ARD) program. If you successfully finish this program, you may be able to have your conviction expunged from your record. However, if you do not participate in ARD, getting an expungement later becomes much more difficult. To qualify for this program, your Morgantown criminal lawyer will help determine if you meet specific criteria, such as:

• No one was killed or suffered serious bodily injury (other than the defendant).
• This is your first offense within the past ten years.
• There were no passengers in the vehicle under the age of 14.

It is worth noting that while Pennsylvania statute does not have a charge explicitly named “Aggravated DUI,” the presence of any of the factors listed above will result in enhanced penalties similar to aggravated charges in other states. To manage the difficulties of these enhanced charges, you need a Morgantown DUI attorney who knows how to challenge the prosecution effectively.

How We Can Help

If you are facing a High BAC or Highest BAC DUI charge, the impact on your life can be profound. For example, if you are charged with a Highest DUI offense (BAC of .16 percent or more) and have a prior offense within the last ten years, the penalties are severe. You may face any or all of the following:

• Charges classified as an ungraded misdemeanor
• A suspension of your driver’s license for a full 12 months
• A mandatory assessment for drug and alcohol use, followed by required treatment
• A potential jail sentence lasting up to six months
• Required attendance at Alcohol Highway Safety School
• Fines that range from $1,000 up to $5,000

The consequences of a conviction can follow you for years. Do not face the court system alone. Contact a Morgantown criminal lawyer at (304) 381-3656 today to discuss your defense.