An aggravated drinking and driving case is different than a regular DUI case. First, it can be considered an aggravated DUI,DWI, or OWI (driving under the influence, driving while intoxicated, operating while intoxicated, depending on the state definition).
An aggravated DUI is a felony charge.
How do you get an aggravated DUI?
-You have multiple DUI violations
-You’re caught drinking and driving with an already suspended license
-You’re driving with minors in the car, such as your children or as a school bus driver
-You hurt someone severely while drinking and driving
-You’re drinking and driving and have no insurance
Defending an aggravated DUI is perhaps the most difficult of all drinking and driving cases. Even if this is only your first DUI violation, all states punish those who risk others while driving, hurt children or pedestrians or other drivers, and who put others in danger by not having valid insurance or license.
The best way to defend an aggravated DUI is to hire a DUI attorney in your state. Since each state has different laws for an aggravated DUI, you want someone local and familiar with the laws.
Say you are arrested for a DUI while driving with minors in the car. Or you had been drinking and someone in the car was severely hurt. Depending on state law and how the attorney fights the case, the prosecution may ask for a Class 4 felony or Class X felony.
A Class 4 felony can, for example, result in 1-3 years in state prison. A Class X felony is even bigger, with 6-30 years in a state prison. Again, this depends on how the state laws are written. Most states do and can consider an aggravated DUI a felony, and they also consider regular DUI cases as misdemeanors.
How do you fight in court against an aggravated DUI?
An attorney can do many things. This includes plea bargaining. If you hurt someone severely, you face major punishments. However, there might be questions in the case, things which prove the other driver made mistakes too. Your attorney will fight for a lesser charge in most cases. This is something you cannot do by yourself.
There are other ways to defend the case. You might want to fight the entire charge. Perhaps you were not driving, or you hadn’t been drinking, or the officer arresting you made mistakes. There are many ways to bargain for a lesser charge, if not plead not guilty and win the case. It varies, however, as aggravated DUI cases are hard to disprove.
The best thing you can do is take the first step and hire a DUI attorney who can educate you on your options, your best strategy, and how to win.