Aggravated DUI

Aggravated DUI charges vary across states, including Pennsylvania, where there are two types: General Impairment Driving While Impaired (BAC .08% or higher) and Aggravated DUI, which depends on specific conditions. These factors may include having children in the car, a high BAC, or causing an accident that results in injuries.

Pennsylvania also has a third level of DUI charges considering aggravating factors.

Understanding DUI laws can be challenging, especially in Pennsylvania with its complexity. If you’ve been charged with DUI, Logue Law Group is here to help. Our team of experienced Butler PA DUI attorneys can assist you in understanding your charges and building a strong defense.

What are Aggravating Factors?

In Pennsylvania, various factors can escalate a DUI charge, each with its own implications upon conviction. As a defendant, your primary goal is to secure a favorable outcome by eliminating or mitigating these aggravating factors. This is where the expertise of a skilled Butler PA DUI attorney becomes invaluable.

Let’s delve into some of the aggravating factors commonly considered in DUI cases:

• High Blood Alcohol Concentration: A BAC of .10% or higher results in High BAC charges, while a BAC of .16% or higher leads to Highest BAC charges. Your Butler PA criminal attorney may challenge the reliability of breathalyzer and blood tests, as well as the validity of the traffic stop and field sobriety tests, to contest the accuracy of the BAC results.

• Previous Convictions: Prior DUI convictions significantly impact the penalties you face. Whether it’s your second, third, fourth, or even tenth offense, your Butler PA criminal attorney can explore options to potentially dismiss, expunge, or downgrade your previous convictions.

• Presence of Children: Having one or more children under 14 in the vehicle during arrest can result in enhanced charges, intensifying potential consequences.

• Accident-related Injuries: If you cause an accident while driving under the influence and it results in injuries, the severity of your punishments can increase.

Pennsylvania offers the Accelerated Rehabilitative Program (ARD) as an alternative for eligible offenders. Taking part in this program and successfully completing it may lead to the expungement of your conviction. Without participating in the ARD, obtaining an expungement becomes significantly more challenging.

To be eligible for ARD, certain criteria must be met, including:

• No deaths or serious injuries, except to the alleged offender
• It being your first offense within the last ten years
• No passengers in the vehicle under the age of 14

It is important to note that while Pennsylvania does not have a specific charge for “Aggravated DUI,” any of the aforementioned aggravating factors can result in enhanced DUI charges. Navigating the complexity of these charges requires seeking the guidance of a Butler PA DUI attorney experienced in effectively challenging such cases.

How We Can Help

When facing a High BAC or Highest BAC DUI charge, the repercussions are significant. If you have been charged with a .16 percent Highest DUI offense within the past ten years, you may face any or all of the following consequences:

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