An aggravated DUI is a more serious criminal offense than a DUI and will result in harsher penalties that may include but are not limited to imprisonment, hefty fines, revocation or suspension of drivers permit, and mandatory installation of ignition interlock devices. Other penalties include installation of ankle bracelets, mandatory completion of prescribed alcohol or drug counselling classes (at the expense of the offender), community service, and probation.
So when does a DUI escalate to an aggravated DUI? Here are some of the most common scenarios that constitute an aggravated DUI according to Nashville DUI lawyers. Some of the best DUI legal help can be picked off this ripe and stellar legal website: https://usattorneys.com/.
Blood alcohol content too high
In the majority of states including Tennessee, a DUI charge is filed when the suspect’s blood alcohol content is equal to or greater than 0.08% BAC (with respect to adult non-commercial drivers). However, when a suspect is pulled over and their blood alcohol content is very high – sometimes two or three times over the legal limit in the state, they may be prosecuted for an aggravated DUI. Offenders in Tennessee are liable to be charged with aggravated DUI if they register a BAC of 0.20% or more.
Blood alcohol content is measured by one of three types of tests; breath, blood, and urine tests. Breath tests are the most commonly conducted by arresting officers, but the results are not always a 100% accurate and are hence deemed unreliable in many cases. Your Nashville DUI lawyer knows how to exploit any mistakes in gathering this evidence.
Driving under the influence with a minor passenger in the vehicle
Child endangerment is no laughing matter. It is one thing where a person has had a few too many drinks and has a lapse in judgment and gets behind the wheel, but to take the risk of driving drunk even though you have a child or minor in the vehicle with you is morally wrong on many levels, which can result in an aggravated DUI charge.
The age of the passenger which determined a child in vehicle DUI varies from state to state, many states have set the age bar at 16 whereas some states like Tennessee add child endangerment charges if the offender is found with a passenger under the age of 13.
Repeat DUI offenses
Alcoholism is an addiction; it is a disease which people struggle to cure themselves of. A first time DUI offender could be just anybody that thought they can get away with driving drunk. However, there are people that are chronic alcoholics that just won’t listen no matter what the consequences and they may need a Nashville DUI attorney on an annual basis.
For the most part, they are perpetually drunk and are technically driving under the influence every single time they get behind the wheel. Such repeat offenders are hit with aggravated DUI and their licenses may be permanently revoked or they may be put behind bars for several years. The idea is to keep such people off the roads and try to help them rehabilitate.
Getting help in an aggravated DUI case
Other scenarios which can be classified as aggravated DUI includes cases of reckless driving, speeding and driving on a suspended or revoked drivers permit.
If you are facing aggravated DUI charges, the only way to help yourself and your case would be to waste no time in appointing an experienced Nashville DUI lawyer and get started in preparing a strategic defense plan. Want to know what type of plan this would be? Use this website to find yourself a DUI lawyer.