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Aggravated DUI
Aggravated DUI charges vary from state to state, including in Pennsylvania. Within Pennsylvania, there are three levels of DUI charges: General Impairment Driving While Impaired (when the blood alcohol concentration (BAC) is 0.08% or higher), High BAC, and Highest BAC. Additionally, DUI charges can be escalated depending on certain aggravating factors. For instance, aggravating factors might include having minors in the vehicle, a significantly elevated BAC level, or causing an accident resulting in injuries.
Understanding DUI laws, particularly in Pennsylvania, can be complicated due to their nuanced nature. If you’ve been charged with driving under the influence, it’s crucial to consult an expert like the Logue Law Group. Their team of experienced New Castle DUI attorneys can help you understand your charges and build a strong defense.
What Are Aggravating Factors?
Numerous factors can elevate a DUI charge in Pennsylvania, with each one carrying serious implications upon conviction. Successfully minimizing or mitigating these aggravating factors is often critical to securing a favorable legal outcome. With the guidance of a skilled New Castle criminal lawyer, you can improve your chances of mounting an effective defense.
Below, we break down some common aggravating factors in DUI cases:
1. High Blood Alcohol Concentration
- A BAC of 0.10% or higher leads to High BAC charges, while a BAC of 0.16% or above results in Highest BAC charges.
- Challenging BAC charges often involves investigating the reliability of breathalyzer tests, blood tests, the validity of the traffic stop, and the administration of field sobriety tests. An experienced attorney can assess the circumstances of your case and contest inaccurate BAC results.
2. Prior DUI Convictions
- If you have previous DUI convictions—even if it’s your second, third, or fourth offense—penalties can become significantly harsher.
- A skilled New Castle DUI attorney may explore options such as dismissing, expunging, or reducing prior convictions, which could mitigate the severity of your current charges.
3. Presence of Minors
- Having one or more children under the age of 14 in the vehicle at the time of your arrest can lead to enhanced DUI charges, compounding the potential consequences.
4. Accidents Resulting in Injuries
- If you cause an accident while under the influence, particularly one that results in injuries, penalties and sentences are likely to increase dramatically.
The Accelerated Rehabilitative Program (ARD)
Pennsylvania offers the Accelerated Rehabilitative Program (ARD) for eligible offenders as an alternative to typical DUI sentencing. Completing this program successfully can result in the expungement of your conviction. However, ARD is only available under specific circumstances. To qualify for ARD in Pennsylvania, the following criteria usually apply:
- The DUI offense did not involve a fatality or serious injury to anyone other than the defendant.
- It is your first DUI offense within the past 10 years.
- There were no passengers in the vehicle under the age of 14 at the time of the arrest.
It’s important to remember that Pennsylvania does not technically define “Aggravated DUI” as a specific charge. However, any of the aggravating factors listed above significantly increase the severity of DUI charges. With such complexity, working with a New Castle criminal lawyer experienced in dealing with these specifics is essential for defending your case effectively.
What to Expect with High or Highest BAC DUI Charges
The penalties for High BAC or Highest BAC DUI charges are serious and can profoundly affect your personal and professional life. For instance, if you are convicted of a 0.16% BAC (Highest) DUI offense within the last 10 years, here’s what you might face:
- Ungraded Misdemeanor charges.
- Driver’s License Suspension for 12 months.
- Mandatory Drug and Alcohol Assessment followed by required treatment.
- Possible Jail Sentence of up to six months.
- Completion of Alcohol Highway Safety School.
- Fines ranging between $1,000 and $5,000.
Each case is unique, and penalties can often be mitigated with the help of an experienced New Castle DUI attorney.
How Logue Law Group Can Help
If you’re facing DUI charges in Pennsylvania, especially with aggravating factors, the legal stakes are high. At the Logue Law Group, our team of skilled New Castle criminal lawyers will work tirelessly to:
- Examine the details of your arrest for any procedural errors that could strengthen your defense.
- Review the accuracy and reliability of any field sobriety tests, breathalyzer tests, or blood tests.
- Help you understand potential sentencing alternatives like the Accelerated Rehabilitative Program (ARD).
- Represent you in negotiations, hearings, or courtroom trials to achieve the most favorable outcome possible.
Protect your future by reaching out to the Logue Law Group today. Our attorneys are dedicated to navigating the intricacies of Pennsylvania DUI laws and securing the best results for our clients.
Speak with a New Castle DUI Attorney Today
Facing a DUI charge can be an overwhelming experience, but you don’t have to do it alone. Contact 844.PITT.DUI the Logue Law Group and schedule a consultation with a New Castle DUI attorney. We’re here to guide you every step of the way.
Call us now or visit our website to learn more.