California drivers arrested for driving motor vehicles in California while intoxicated will have their California driver’s license confiscated by the police officer, who will then send a copy of the suspension notice to the California Department of Motor Vehicles (CA DMV) and a copy of their California DUI arrest report. The California DUI arrest report will also include the driver’s BAC test results. The driver has the legal right to operate motor vehicles for 30 days from the date of the administrative license suspension, assuming they had a valid California license and it was not expired.

California drivers may challenge their administrative license suspension by requesting an administrative hearing within 10 days of the California DUI arrest. If the DMV sets aside the administrative license suspension they will notify the California driver in writing.

Administrative License Suspension in California

The DUI process can be confusing, and many DUI defendants do not realize that the administrative license suspension by the DMV is separate from the court imposed DUI penalties if the California driver is convicted of a California DUI.

Assuming the driver does not face any additional DUI penalties after a California DUI conviction (which affects their right to drive), the driver may have their license reissued to them after they pay the reissue fee of $125 to the CA DMV and file proof of financial responsibility. If the Administrative review finds that the police officer did not have the right to suspend the driver’s license the license will be automatically returned to the driver.

Purchasing California SR22 Insurance

The CA DMV requires drivers who have either been involved in an accident without insurance, arrested for DUI or wet reckless or considered a negligent operator (had too many points on a California driving record) to purchase SR22 Insurance. SR22 is a special form of car insurance which provides additional liability coverage to “high risk” drivers.

California SR22 Insurance must be purchased and a copy of proof of insurance filed with the DMV prior to reinstating a driver’s license after an administrative license suspension.

License Reinstatement after the DUI criminal conviction and license revocation

As mentioned above, the administrative license suspension differs from the suspension which may follow a criminal DUI conviction. Drivers convicted of DUI, depending on whether it is the first, second or third DUI may have their California license suspended. After the revocation or suspension period ends the driver may apply for a reinstatement with the CA DMV. Steps to reinstate a California driver’s license after a DUI criminal conviction include:

1.    Taking the motor vehicles test again including the road test, vision test and written test

2.    Completing the drinking driver program for the first California DUI offense and a 18 or 30 month program for second or later DUI offenses or a comparable program.

3.    Pay the license reinstatement fee of $125 to the CA DMV.

4.    Purchase SR-22 insurance and forward proof to the CA DMV.

5.    Possible installation of an ignition interlock device on the driver’s motor vehicles

Driving Suspension for Chemical Test Refusal in California

California has increased the administrative DUI penalties for refusing to perform a chemical test after a DUI stop. For instance, drivers who are over the age of 21 who refuse to take a chemical test will face an automatic one year license suspension if it was their first DUI offense. A second DUI offense with a refusal (within 10 years) can result in a 2 year automatic license revocation and a third DUI offense (within 10 years) will result in a three year license revocation. These are administrative penalties only and are separate from driving suspensions which may occur after a DUI conviction in criminal court.

Related articles

• What Happens To My License After A DUI Arrest In Illinois (duiattorneyhome.com)
• Underage DUI Arrest in California (duiattorneyhome.com)
• Refusing a Chemical Test In California (duiattorneyhome.com)

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While everyone knows that it is against the law to drive a vehicle with a blood alcohol concentration of .08% or higher, some people may not realize that, in some situations, the greatest determining factor of a driver’s BAC is when the driver takes the chemical test.

In other words, you can be driving your vehicle and be below the legal limit, but when you take a breath test at the police station an hour later, your result could be above .08%. Because it takes between 1 – 3 hours for alcohol to be absorbed into a person’s system, an individual’s BAC could continue to increase for a couple of hours after they are arrested for DUI and brought to the police station for the test.

Were you really drunk when you were driving?

Let’s look at a real life situation. Mary is at a “girl’s night out” dinner with a few friends. They eat supper and she sips her third margarita while enjoying her friends. Before she leaves, she quickly drinks the rest of her beverage which contains about .06% alcohol. Shortly after she leaves, the police pull her over and the officer smells the alcohol on her breath.

Mary performs pretty well on the field sobriety tests, but the officer places her under arrest and takes her to the station to give her a breath test an hour after she was first stopped. She blows a .09% and is charged with a DUI. Mary loses her license and pays thousands of dollars in fines, fees and increased insurance costs, but she may not have been over the legal limit while she was actually driving.

What was Mary’s BAC when she was driving? We will never know for sure. One thing we know…it wasn’t .09%. The body is either constantly absorbing or removing alcohol. Therefore, the BAC is either rising or diminishing.

On average, it takes about an hour for the alcohol to be fully absorbed into Mary’s system and reach peak levels. This is just an average and can vary widely depending on the person. Those last several gulps probably had little effect on Mary while she was driving, but as she sits at the police station waiting to take the chemical test, her BAC has been rising. For an average-sized woman, one drink tends to raise a body’s BAC by around .03%. The conclusion is Mary’s BAC was probably closer to .06% while she was actually driving.

Police and State legislature reaction to the rising BAC defense

To combat the “rising BAC” defense, officers will begin their DUI questioning by asking the driver exactly how many drinks they had, and most importantly, when they drank them. Police also try to test a driver as soon as they can.

State legislatures have helped the police by passing legislation that presumes a driver’s BAC level determined at the time of the test to be the same as when he was driving…as long as the police administer the chemical test within a specific time frame. This puts the burden of proof on the defendant.

If you have been arrested for a DUI and you think that you may have a “rising BAC” defense, contact an experienced DUI attorney in your area who can look at your situation and advise you of your best course of action.

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Everyone who is arrested for a DUI must ask themselves: “Should I fight this DUI?” This decision will affect the rest of your life and should be carefully considered. The decision to make a plea or go to trial depends on several factors that are unique to each person and situation.

Did I have physical control of the car?

The first thing the prosecution must prove is that you were driving or had physical control of the vehicle at the time of the DUI arrest. If you had a normal experience of getting pulled over while driving, then this will be easy for the prosecutor to prove.

If you were involved in an accident, however, it may not be clear to the police who was driving because they showed up after the accident. Other circumstances that bolster your DUI case are multiple passengers, the owner of car is not who was charged with the DUI, and the keys are in ignition and not in anyone’s possession.

How Close to .08% Was Your BAC?

The prosecutor must prove you were over the legal limit when you were actually driving, not when the police got around to administering the chemical test. The closer you BAC was to .08%, the better your chances are of a successful result at DUI trial.

You usually take a breath, blood, or urine test anywhere from 30 min. to several hours after your DUI arrest. A person’s BAC rises and falls in the body. What if you drank a significant amount of alcohol shortly before you got into your car to drive? Your DUI attorney can argue that the alcohol did not have enough time to enter your blood stream to cause impairment while you were driving. You may have been over .08% at the time of the chemical test; but, there could be reasonable doubt whether your BAC was over .08% when you were actually driving.

Was the Breath Test accurately administered?

The breath test is subject to all kinds of challenges. The hand-held machine that police use on the streets is notoriously unreliable. There was a study conducted in Florida that showed that as many as 40% of breath test results were inaccurate.

The police do use a much more accurate machine at the police station, but if there were discrepancies between these two tests, this would show a weakness in the State’s case.

Were proper procedures followed for the DUI arrest?

Depending on your state, police are required to follow certain procedures when they administer chemical tests. For a blood test, did they clean the area with a non-alcoholic swab? For a breath test, did the police give you a fifteen minute observation period before they administered the DUI chemical test? Are the hand-held breath machines properly calibrated twice per week? Your DUI attorney knows all of the approved procedures and can challenge the validity of the DUI chemical test results if the police failed to administer the chemical test properly.

Should you plead guilty or risk taking your DUI case to trial? The honest answer is that it depends on the circumstances surrounding your DUI arrest. You should consult with an experienced DUI attorney in your area. He can look at your DUI arrest and tell you the best course of action for you and your future

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You have been arrested for DUI. At first, you just wanted to put the experience behind you as quickly as possible. Pleading guilty to a DUI to get the DUI arrest and conviction behind you sounds appealing, but is it the best choice?

Every DUI arrest and surrounding elements are unique. Your individual situation may qualify you to have your DUI reduced to Reckless Driving, but the outcome is not guaranteed.

Advantages of Getting DUI Reduced to Reckless Driving

* A DUI conviction, in some states, could stay on your record for life. A Reckless Driving conviction does not carry the same social stigma as a DUI.

* A Reckless Driving conviction probably carries lower fines, but similar penalties as a DUI.

* Your insurance company may cancel your coverage if you get a DUI. One thing is certain: your rates will skyrocket with a DUI on your driving record.

* If your job requires you to drive, a DUI conviction may cause your employer to terminate you.

* A future employer may view you as a liability risk if they see the DUI on your record.

* If you were to get your current DUI reduced, and you were arrested again for a DUI in the future, then you would be treated as a first-time DUI offender.

Why Would the Prosecutor Reduce my DUI?

It is a common misconception that the judge is the one who has the power to reduce a DUI charge. In reality, only the prosecutor has the ability to modify the DUI charge.

If you are successful in getting your DUI reduced, your fines may be less, but you will face many of the same penalties. In other words, you may still be required to go to DUI School, take part in an alcohol evaluation program, and/or complete community service.

The prosecutor benefits from the deal because he averts an acquittal if the weak DUI case had gone on to trial. So, you avoid the DUI conviction, but you still get the valuable lessons on the dangers of drinking and driving and help with potential addiction issues, and the prosecutor can close the DUI case.

Can my DUI charge be reduced?

Every DUI arrest is unique. Contact a DUI attorney to review your DUI case.

* Did the police stop you because your driving indicated that you were impaired?

* Was the traffic stop lawful?

* Were any open containers of alcohol found in your automobile?

* Were you involved in an accident with injuries?

* They will request the police video of your field sobriety tests. Did you appear impaired?

* How did the police administer the breath, blood, or urine test?

* Did you refuse the chemical test?

* What was your BAC (blood alcohol concentration)?

* How much time elapsed between the DUI stop and the administration of the BAC test?

* Did you conduct yourself appropriately with law enforcement?

Many factors play a part in deciding if your DUI case is a good candidate for reduction. The only way to know for sure is to consult with a DUI attorney in your area.

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Any New Hampshire driver who drives or operates a motorized vehicle in the state of New Hampshire has given their implied consent to submit to a chemical test if they are arrested for a New Hampshire DUI. Chemical testing can include a test of the driver’s blood, breath or urine and may be administered by a law enforcement officer.

Prior to the chemical test the officer should notify the driver of their right to additional DUI testing and the consequences of a refusal to submit to the test. If the driver refuses to submit to the chemical testing this information can be used as admissible evidence in the New Hampshire driver’s DUI case.

What if the driver is either unconscious or unable to refuse the test? According to New Hampshire state law they are “deemed to not have withdrawn consent to chemical testing.”

Refusing a New Hampshire Chemical Test after a DUI Arrest

Drivers who refuse the chemical test will not be forced to take the chemical test but their license will be suspended. See below for more information.

First DUI Offense refusal

The driver may have their license suspended automatically for 180 days. If the driver was a commercial driver their license is automatically suspended for one year.

Refusal with prior DWI Conviction or Refusal

The driver may have their license suspended for 2 years. If the driver was a commercial driver their license is automatically suspended for 10 years.

Administrative License Suspension Process

After the chemical test refusal, the officer will serve notice of the suspension to the driver. The suspension will take effect 30 days from the date of the arrest. The driver will have their license confiscated by the police officer and it will be sent, with the DUI arrest report, to the department.

The driver should be issued a temporary license permit which will allow them to drive for 30 days.

Challenging the Administrative License Suspension

So can a driver challenge the Administrative License Suspension? Yes, the driver can request an administrative hearing to fight the license suspension. All requests for hearings must be done in writing within 30 days from the date of the notice of suspension. The letter for the hearing should detail why the suspension should be revoked. If the driver fails to make the hearing request in time, they lose their right to challenge the suspension.

If the administrative hearing is granted the hearing is generally held within 20 days after the request filing. Drivers may indicate whether or not they would like for the arresting officer to be present. If the officer is required to attend the hearing but does not appear, without good cause, the case may be dismissed and the order rescinded. Drivers must appear at the hearing or their license will be automatically suspended, without consideration.

What is the court considering in a New Hampshire Administrative License Suspension?

The issues the court will consider are limited to the following issues:

(a) Whether the officer had reasonable grounds to believe the arrested person had been driving, attempting to drive, or was in actual physical control of a vehicle, boat, or OHRV while under the influence of intoxicating liquor, narcotics, or drugs;

(b) The facts upon which the reasonable grounds to believe such are based;

(c) Whether the person had been arrested;

(d) Whether the person has refused to submit to the test upon the request of the law enforcement officer or whether a properly administered test or tests disclosed an alcohol concentration of 0.08 or more (or 0.02 or more if under 21);

(e) Whether the officer informed the arrested person of his or her right to have a similar test or tests conducted by a person of his or her own choosing; and

(f) Whether the officer informed the arrested person of the fact that refusal to permit the test would result in suspension of his or her license or driving privilege and that testing above the alcohol concentration level would also result in suspension.

Following the hearing the examiner will issue their recommendation for whether the driver’s license should be suspended or not. The recommendation is considering binding unless the driver files an appeal within 10 days. If an appeal is made by either the driver or law enforcement a review will done by a director who will make their determination within 10 days which will either grant a new hearing or affirm the previous ruling by the examiner.

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Alternative to Jail

If you have been convicted of DUI, there is a wide range of DUI penalties that you could face, including jail time. Is it possible to avoid jail time after a DUI arrest? Possible options that could serve as an alternative to spending a lengthy amount of time in jail are listed below.

Work Release

Work release allows you to work at a job site approved by the Probation Department during the day. After you complete the required hours, you will be allowed to go to your home at night.

Work Furlough

Work furlough permits you to keep your own job, but upon completion of the work day, you will go to a dormitory-style building to sleep at night. You will then be released the next morning to return to work.

Drug and /Or Alcohol Rehabilitation

In some cases, the DUI is a symptom of a drug or alcohol abuse problem. The judge may decide to send the DUI offender to a qualified substance abuse program. Talk to your DUI attorney about exploring this alternative to jail.

House Arrest

House arrest requires you to wear an electronic monitoring device, usually around the ankle. This ankle bracelet monitors the movements of the DUI offender through GPS so that authorities are alerted if they move out of an approved area. The DUI offender may be allowed to go to work, but must return home at the prearranged time.

Sober Living

This may be the best option for someone with multiple DUI convictions. The DUI offender moves in to a house with other residents who have a history of substance abuse problems. They are required to attend 12-step meetings every day, participate in household functions, and be responsible for chores that are assigned to them.

A New Law in Texas

State Representative Todd Smith along with Tarrant County Assistant D.A. Richard Alpert have drafted a new bill that, if it becomes law, would allow prosecutors to offer first-time DUI offenders mandatory counseling and probation in place of jail time. The Assistant D.A. says that alcohol-related arrests are all too common today and most of them do not involve injury or property damage. This is a way to move the more minor cases through the justice system without clogging up the courts.

Surprisingly, MADD has lent their support to this bill. MADD spokeswoman Mary Kardell said, “We want mandatory ignition interlocks for every DWI offender and that is in this bill.”

This deal does not mean that DUI charges are dropped. If the DUI offender gets arrested for a DUI again, he is charged as a repeat DUI offender.

Supporters of this bill say that it will help to clear out the courts of minor crimes so the judge can focus on more serious DUI offenders.

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Some legal issues can be handled without legal representation. A DUI arrest is not one of them. The average DUI attorney handles 300 cases per year and uses the experience from these case to help you minimize the consequences of your DUI arrest.

Can I Represent Myself after a DUI Arrest?

The decision to hire or not to hire a DUI attorney has nothing to do with your level of intelligence; it is simply a matter of experience and expertise. A lawyer goes to school for a number of years and chooses a specific field of law. Their knowledge of law is then coupled with experience once they begin representing clients.

DUI lawyers understand how a courtroom operates, the documents needed and how to maneuver through the court processes as quickly as possible. Your DUI lawyer is your representative and works for you.

Things You May Not Know About Your DUI Arrest

DUI penalties can be serious and long-lasting. An experienced DUI attorney will take a look at your DUI arrest and the way the police handled the evidence. Were the field sobriety tests and breathalyzer administered properly? Was your blood alcohol concentration determined correctly? A good DUI attorney can take advantage of mistakes made by police to have your DUI charges reduced or dropped.

Things to Consider before hiring a DUI Lawyer

Multiple DUI arrests

You should definitely hire a DUI attorney if you have multiple DUI convictions; if your DUI accident injured or killed another person; if you are a professional driver who must keep your license for your job; or if you are facing time in jail or a large fine.

Second DUI Arrest

You should take a hard look at hiring a DUI attorney if this is your second arrest for DUI or if your BAC was double your state’s legal limit.

First DUI Arrest

You should hire a DUI lawyer if you are unsure of your rights, unaware of your state’s laws, or uncertain of how to proceed after a DUI arrest. Drivers who could lose their professional license from a DUI conviction should also talk to a DUI lawyer.

Keep in mind that a qualified DUI attorney can help you sort out the specifics of your DUI case. Your DUI attorney can take you step by step through the court process and help you get the best possible outcome. DUI lawyers generally offer a free consultation to review your DUI case.

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Prior to stopping your car, police officers must have “reasonable suspicion” to pull you over. What does this mean? Drivers have rights outlined in the Constitution, the Bill of Rights and their state laws which prevent police from stopping them without a valid reason.

If a police officer witnesses an illegal traffic violation they may stop your car and issue you a ticket for the driving violation. It is not uncommon for many drivers to be arrested for DUI after they have been pulled over by law enforcement, but first the officer must establish probable cause for the DUI arrest.

Keep in mind, if the police officer did not have a valid reason to pull you over, you may be able to successfully prove that your rights have been violated.

Establishing Probable Cause for DUI Arrest

Establishing probable cause for a DUI arrest may be more complicated than having reasonable suspicion for detaining you to investigate. First, let’s talk about reasonable suspicion. Police officers may establish reasonable suspicion by witnessing any of the following illegal driving actions (list provided by the National Highway Traffic Administration):

• Weaving
• Straddling the middle lane marker
• Turning with too wide a radius
• Erratic braking
• Driving into oncoming traffic
• Drifting into another lane
• Stopping and starting without cause
• Tailgating
• Swerving
• Inconsistent signaling
• Slow response to traffic lights
• Driving with the headlights off at night
• Speeding up and slowing down

Although reasonable suspicion may be established by these illegal driving actions, the police officer will generally need more evidence of intoxication to arrest you for a DUI.

Police officers may use field sobriety testing and breathalyzer tests to establish probable cause which is defined as “a reasonable belief that a person has committed a crime” or “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.”

Field Sobriety Tests

Field Sobriety Tests have been standardized throughout the United States and consist of the heel-to-toe walk, one leg stand, and horizontal gaze nystagmus test.

The tests could possibly include the following:

1. Horizontal Gaze Nystagmus

For this test the police officer will hold a pen (or other object) about twelve inches away from the driver’s face. The officer then slowly moves the object from one side to the other while watching the driver’s eyes. The officer is looking for the eyeball twitching or shaking. This involuntary movement of the eye could indicate that the driver has ingested an intoxicant. The officer is also paying attention to any incriminating statements the driver may make during the test.

2. One leg stand test

For this test driver stands with their feet together, arms at their side and they are instructed to lift one leg off the ground while counting. The law enforcement officer is looking for wobbling, swaying, raising the arms, or hopping. Research shows that drivers who demonstrates two or more of these indicators has a 65% chance of having a BAC of at least .10%.

3. Walk and turn test

For this test the driver takes nine heel-to-toe steps along a straight line. They then turn, and take nine steps back. What is the office observing? He is observing whether the driver can keep their balance while walking and turning and if they can follow instructions.

Breathalyzer Test

Breathalyzers measure the level of alcohol concentration in the driver’s blood. Alcohol is absorbed through the membranes in a person’s mouth, throat, stomach, and intestines and then into the bloodstream. Finally, the alcohol is expelled through evaporation into the driver’s lungs. The alcohol is then released into the driver’s breath.

A breathalyzer test allows the blood alcohol concentration of the driver’s blood to be measured. How do you measure a driver’s BAC? The amount of alcohol in 2,100 ml of the driver’s breath is exactly equivalent to the amount of alcohol in 1 ml of the driver’s blood.

Making a DUI Arrest

So how will the police officer establish probable cause? The officer must evaluate the totality of the evidence that they have established through observation, testing and the breathalyzer test. The officer may make the DUI arrest if they have enough evidence that “a reasonable person would believe that an offense has been committed and that the defendant is the one who committed it.”

The evidence must also suggest that not only has the driver consumed alcohol, but their driving is impaired by the alcohol, and it is unsafe for them to operate a motorized vehicle.

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Early Termination of Probation after a DUI Conviction

If you have been convicted of a DUI, you probably received a probationary sentence. Each state has its own specific guidelines, but the general process to request an early termination of probation is generally consistent across the board.

Benefits of Early Termination after a DUI Conviction

The main advantages in obtaining an early termination of probation include avoiding costs associated with probation, reducing certain felonies to misdemeanors, and achieving a possible expungement of the DUI conviction from your driving record. Another benefit is that you remove the risk of getting charged with a DUI probation violation.

You may also feel that not having probation “hanging over your head” can help you move on with your life after a DUI arrest and DUI conviction.

Steps to Obtain an Early Termination of DUI Probation

To begin the process, you should get in touch with your DUI attorney and have him file the early termination motion in the same court where you were convicted of the DUI. It is good for your DUI lawyer to talk with the prosecutor and convince him to possibly support the motion (or, in the very least, not contest it).

In some states, writing a letter detailing why you feel you qualify for early termination and submitting this letter with the motion is a good idea. You should include a recommendation from your parole officer as well.

The judge considers several things when deciding whether or not to decide in your favor:

* Have you paid all of the DUI fines and DUI fees related to your DUI conviction?

* Have you completed any/all substance abuse programs and/or other counseling requirements?

* Have you fulfilled all conditions mandated in your DUI sentencing?

* Have you maintained/sought a job?

* Did you go back to school to finish or further your education?

* Did you receive any specialized job skills training?

* Did you give of your time and volunteer to the benefit of others?

The judge will also look at any hardships you experienced as a result of being on probation. Did you lose a job? Did you miss the possibility of a promotion? Did you fail a background check because you were on probation? Do you have travel restrictions placed on you that affects your employment?

Basically, the judge wants to know if you are a danger to the public and if you have learned from your mistake and are taking positive steps to move forward in your life in a constructive way.

When Can I Apply for Early Termination of Probation after my DUI Conviction?

Most states require you to complete at least half of your probation term before you can be considered for early termination. In California, the penal code leaves the decision solely to the discretion of the judge. Although the judge could grant early termination at any time in the probationary process, it is generally understood that you must complete at least 18 months for a felony DUI conviction.

In some cases, your DUI attorney may appear before the judge on your behalf. It depends on the circumstances of your case and this is something you should discuss with your DUI attorney before he files the motion.

In many cases, once you are successful in receiving early termination of probation your DUI attorney can ask the court to grant you an expungement of your record. Hopefully, with the help of a qualified DUI attorney, you can work to put the DUI conviction behind you and move on to a more positive phase of your life.

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Anyone who has violated their state’s DUI laws and been arrested for a generic DUI is in for a difficult road involving court dates, DUI attorneys, and possible DUI penalties. Certain factors surrounding a DUI arrest can result in stiffer penalties for the offender. These factors can cause the charge to be upgraded or even carry mandatory jail sentences even if it is a first DUI offense.

The factors and prospective DUI punishments may vary by state so it is vital that you consult with an experienced DUI attorney in your state. The following are several examples of circumstances that could lead to an aggravated DUI charge.

Exceptionally High Blood Alcohol Concentration

All states have the legal limit for blood alcohol concentration (BAC) set at .08%. A person is arrested and charged with DUI when they are driving a vehicle with a BAC over this legal limit. Where many states differ is the amount that is considered “extremely high” or enough to move the crime to an aggravated DUI status.

Many states say that two or more times the legal limit is extremely high. Minnesota, for example, designates .20 BAC to be an aggravating factor. “Extreme DUI” is another term used by some states to define an aggravated DUI charge.

DUI while Speeding

A person charged with a DUI could also be ticketed for speeding if he was exceeding the speed limit prior to being pulled over. However, if his speed is judged to be excessive, he could increase the severity of his DWI charge.

For example, if a person was going 55 in a 30 mph area, he could face a much harsher sentence than if he was only traveling ten miles over the speed limit. In the state of Kentucky, a person driving thirty miles over the speed limit while impaired will receive an aggravated DUI charge.

DUI with Minors Present

Many states take the presence of minors in a vehicle at the time of a DUI arrest very seriously. This situation can bump up a generic DUI to an aggravated DUI charge. Different states have different ages of children that, if present, will trigger the upgraded charge. In North Carolina, a problem arises if the minor is under the age of 16. In Kentucky they are a little more lenient; the minor must be under the age of 12.

Furthermore, in some states, all it takes is for children to be nearby. For example, New Jersey allows for aggravated charges to be filed if the DUI offense happened in a school zone.

Driving on a Suspended License

Aggravated charges could also arise when a driver arrested for DUI is also found to be without a legal license. The punishment is more severe because the courts see this as someone deliberately disregarding the law by knowingly operating a vehicle without the legal right to do so.

Habitual DUI Offenders

The purpose of laws and courts is to steer the public away from wrongdoing by punishing crime and attempting to rehabilitate offenders. People who receive multiple DUI convictions display a disregard for the law and the public. As a result, these DUI repeat offenders are almost always given harsher DUI sentences.

States have different statutes for punishing habitual DUI offenders, so be sure to consult with a qualified DUI attorney within your own state to know your rights in relation to DUI laws.

Hiring a DUI lawyer

If you are facing a DUI charge or charges with aggravating circumstances, it is always best to consult with an experienced DUI attorney. These cases usually involve harsher DUI penalties, but with the help of a DUI attorney, it could be possible to mitigate or avoid them altogether.

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