Aggravated DUI

Aggravated DUI charges differ across states, including Pennsylvania. Within Pennsylvania, there are two main types of DUI charges: General Impairment Driving While Impaired (when the blood alcohol concentration is .08% or higher) and Aggravated DUI, which involves specific aggravating factors depending on the jurisdiction. These factors may include the presence of children in the car, elevated blood alcohol concentration (BAC), or an accident resulting in injuries.

Pennsylvania goes a step further with an additional level of DUI charges that also considers these aggravating circumstances.

Navigating DUI laws in Pennsylvania, particularly in Erie County, can be complex. If you’ve been charged with driving under the influence, it’s crucial to act quickly. The Logue Law Group, backed by an experienced team of Erie DUI attorneys, can help you understand your charges and craft a solid defense.

What Are Aggravating Factors?

A DUI charge in Erie County can be escalated due to several aggravating factors, each of which carries its own set of serious implications if you’re convicted. Your primary objective as a defendant should be to mitigate or eliminate these factors from your case. This is where the expertise of an Erie criminal lawyer becomes invaluable in helping you achieve a favorable outcome.

Here are common aggravating factors that come into play in DUI cases:

1. High Blood Alcohol Concentration (BAC)

  • A BAC of .10% or higher can lead to High BAC charges, while .16% or higher results in Highest BAC charges.
  • An Erie criminal lawyer from the Logue Law Group might contest the accuracy of breathalyzer tests, blood tests, or traffic stops, and even question field sobriety test results to challenge the reliability of the BAC level recorded.

2. Previous DUI Convictions

  • Past offenses, whether it’s your second, third, or tenth, can significantly increase the penalties you may face for a current DUI charge.
  • An experienced Erie DUI lawyer may explore options to downgrade, dismiss, or expunge prior convictions, depending on the specifics of your case.

3. Presence of Children

  • Driving under the influence while having a child under the age of 14 in the vehicle will almost certainly result in enhanced DUI charges, leading to harsher penalties.

4. Accidents Resulting in Injuries

  • If a DUI-related incident involves serious injuries, the severity of charges and potential punishments increase significantly. This could involve both criminal penalties and significant civil liabilities.

Alternative Options in Pennsylvania

For certain offenders, Pennsylvania offers the Accelerated Rehabilitative Program (ARD) as a potential alternative to traditional punishment. Completing this program successfully may lead to the expungement of your conviction from your record. However, the eligibility criteria for ARD include:

  • No fatalities or serious injuries caused, except to the offender themselves.
  • No previous DUI offenses within the last ten years.
  • No passengers under the age of 14 in the vehicle at the time of arrest.

It’s important to note that while Pennsylvania does not have a specific “Aggravated DUI” charge, the presence of aggravating factors like these can still lead to heightened penalties. To handle these complex cases effectively, consult with a skilled Erie DUI lawyer from the Logue Law Group.

Consequences of Aggravated DUI

Facing a High BAC or Highest BAC DUI charge carries severe consequences. If you’ve been charged with a .16% Highest BAC DUI offense in Erie County, the penalties could include:

  • Ungraded misdemeanor charges
  • Driver’s license suspension for 12 months
  • Mandatory participation in drug and alcohol assessments and treatment programs
  • Potential jail sentence of up to six months
  • Completion of Alcohol Highway Safety School
  • Fines ranging from $1,000 to $5,000

These consequences can drastically impact both your personal and professional life, making it critical to seek legal help immediately.

How the Logue Law Group Can Help

When you’re facing DUI charges in Erie County, you don’t need to go through it alone. With deep experience in Pennsylvania DUI law, the Logue Law Group is here to guide you through every step of the process. Our seasoned Erie criminal lawyers will:

  • Analyze the details of your case, including any aggravating factors.
  • Develop a personalized defense strategy to challenge the evidence against you.
  • Pursue options like the ARD program or reduced charges whenever possible.

With an Erie DUI lawyer from the Logue Law Group on your side, you can rest assured you’re in capable hands.

Don’t wait to seek legal guidance. Contact 844.PITT.DUI the Logue Law Group today to schedule a consultation and get the representation you need to protect your rights.

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