Aggravated DUI

DUI (Driving Under the Influence) charges can differ significantly depending on the state. For instance, some states have specific “Aggravated DUI” charges, while others, like West Virginia, handle DUIs with a tiered system based on the severity of the offense. Generally, a standard DUI relates to having a blood alcohol concentration (BAC) of .08 percent or higher. However, certain circumstances, known as aggravating factors, can lead to more serious charges and penalties. These factors might include having a child in the vehicle, causing an accident that results in injury, or having a particularly high BAC.

Navigating the complexities of DUI laws can be confusing. If you are facing charges for driving under the influence, it is important to seek legal guidance. A qualified Wheeling DUI attorney can help you understand the specifics of your situation and build a robust defense strategy.

What Are Aggravating Factors in a DUI Case?

In West Virginia, several factors can elevate a standard DUI charge to a more severe one, each carrying harsher consequences upon conviction. As someone facing these charges, your main objective is to achieve the best possible outcome by challenging or reducing these aggravating factors. This is where the knowledge of a skilled Wheeling criminal lawyer becomes essential.

Let’s examine some of the common aggravating factors that can impact a DUI case:

• High Blood Alcohol Concentration (BAC): A BAC of .15 percent or higher is considered an aggravating factor and leads to more severe penalties than a standard DUI. Your legal counsel may question the reliability of the breathalyzer or blood tests used, the legality of the traffic stop itself, or the procedures followed during field sobriety tests to challenge the validity of the BAC reading.
• Prior Convictions: Having previous DUI convictions on your record will substantially increase the penalties you face for a new offense. The look-back period for prior DUIs in West Virginia is ten years. An experienced Wheeling DUI attorney can review your past convictions to see if there are any grounds to have them dismissed or their impact lessened.
• Presence of a Minor: If you are arrested for a DUI with a minor under the age of 16 in your vehicle, you can face additional charges and enhanced penalties. This is treated as a serious offense due to the endangerment of a child.
• Accident Resulting in Injury: Causing an accident while driving under the influence that leads to bodily injury to another person will significantly increase the severity of the charges and potential punishments. If the injury is serious, it can lead to felony charges.

For some first-time offenders, West Virginia offers a deferred adjudication program. Completing this program successfully, which includes conditions like an ignition interlock device and alcohol education classes, can lead to the dismissal of the charges. A Wheeling DUI attorney can determine if you are eligible for this program. To qualify for deferred adjudication, you typically must meet specific criteria, such as:

• It must be your first DUI offense.
• Your BAC must be below .15 percent.
• The incident must not have resulted in an accident causing injury.

It’s crucial to understand that while “Aggravated DUI” isn’t a specific charge in West Virginia, the presence of these aggravating factors leads to enhanced penalties under the state’s DUI laws. To navigate these complex charges, seeking advice from a Wheeling criminal lawyer experienced in handling such cases is vital.

How a Lawyer Can Help

When facing a DUI charge with aggravating factors like a high BAC, the consequences can be life-altering. For instance, if you are charged with a DUI involving a high BAC or other serious factors, you could face some or all of the following penalties:

• Misdemeanor or even felony charges
• Driver’s license suspension or revocation for a significant period
• Mandatory participation in a drug and alcohol assessment and treatment program
• A potential jail sentence, ranging from days to years depending on the severity
• Enrollment in the Alcohol Test and Lock Program
• Substantial fines, which can range from hundreds to thousands of dollars

If you or a loved one is facing these serious charges, don’t wait— call 844.PITT.DUI today for experienced legal help. The right Wheeling DUI attorney can protect your rights and fight for the best possible outcome in your case.