If you are facing an aggravated DUI charge, you are right to be concerned. While a simple drunk driving charge may mean only a minor disruption to your life, an aggravated DUI is a Felony that will have life-altering consequences upon conviction. An aggravated drunk driving case may be your first run-in with the law, but it can impact your life for the foreseeable future.
A Plantation aggravated DUI lawyer can help you after an arrest. This includes explaining why a drunk driving charge is aggravated, exploring the facts that led to your arrest, and building a defense that aims to limit the impact of this event on your present and future. A seasoned Attorney is ready to protect your rights.
When Does a DUI Charge Become Aggravated?
Most DUI cases are Misdemeanors. This means the case is a criminal matter, but many people can avoid the creation of a criminal record by completing a pretrial DUI diversion program.
However, a collection of circumstances may lead to the Prosecutor pursuing an aggravated drunk driving case. This means the case will move forward as a Felony rather than a Misdemeanor.
One factor affecting a charge’s classification is a person’s prior history of DUI convictions. Under Florida Statute § 316.193, a Prosecutor can evaluate an individual’s criminal history when determining the severity of a DUI charge. If a person has two or more DUI convictions anywhere in the country in the past ten years, a Prosecutor may pursue an aggravated intoxicated driving charge. The statute labels these offenses as Felonies of the third degree.
Similar penalties apply to situations where a DUI results in serious physical injury to someone other than the Defendant. This will also result in a Felony of the third-degree charge. In extreme examples, a drunk driving accident will result in another person’s death. Here, the charge will be a Felony of the second or first degree. An Attorney in Plantation is ready to provide more information about the factors that may make an aggravated DUI arrest.
Providing a Powerful Defense Against Aggravated DUI Charges
In DUI cases, Prosecutors always bear the burden of showing a Defendant was driving while under the influence of alcohol or drugs. This is a more complex concept than it appears.
State law says a person is under the influence of alcohol if they have a blood/alcohol level of .08 percent or above. Arresting Police Officers can attempt to obtain this evidence by demanding a driver submit to a blood or breath test. While a driver may refuse to submit to these tests, doing so comes with severe penalties.
DUI cases may also center around an Officer’s observations of the driver. Common things Law Enforcement may look for include:
- Glassy eyes
- Slurred speech
- The smell of alcohol
- Difficulties with balance or coordination
An aggravated DUI Lawyer in Plantation could help contest the power of this evidence at Trial or work to exclude information that Police Officers gained in violation of a driver’s Constitutional rights.
Aggravated DUI defenses could also focus on making a case less severe. There may be legitimate concerns over a person’s prior criminal record or the severity of any injuries that resulted from the event. A Lawyer could fight to reduce an aggravated drunk driving charge to one that is a simple Misdemeanor.
Let a Plantation Aggravated DUI Attorney Fight for You
An aggravated drunk driving charge has the potential to change your life forever. These cases are Felonies under state law, and convictions are likely to result in a significant Prison term, harsh financial consequences, and a loss of driving privileges.
A Plantation aggravated DUI Lawyer can help you avoid this outcome. They could fight to dispute the facts at the case’s core and the need for a Prosecutor to label a case as aggravated. Using these techniques, Leifert & Leifert can protect your freedom. Reach out today to schedule your consultation.