An aggravated DUI is even worse. If you were involved in an accident and a person was injured, killed or you caused property damage, you could be charged with an aggravated DUI.
The same is true if your BAC was found to be much higher than the legal limit on average. In the event that you have at least two prior DUI convictions within a certain number of years typically three to 12 , you may be facing an aggravated DUI charge. While this may seem like a bad dream, it happens — and the consequences are not pretty. Again, the punishments and specific laws very from state to state and county to county.
While there is no such offense as aggravated DWI in Minnesota, there is something known as aggravating factor. DWI is an offense that can be enhanced under state law, with certain factors dramatically increasing the potential severity of a conviction.
If you are charged with DWI in Minnesota, it is vital you seek out legal counsel that can fight back against claims that aggravating factors were present in your arrest. Not only could a Minneapolis DWI defense lawyer of Gerald Miller help you develop a defense strategy, they could also work to reduce the severity of the charges against you.
Understanding each of these factors could help you assist in your defense. The aggravating factors include:. In addition to these formal aggravating factors, there is another factor that can also impact your DWI case. While it is not technically an aggravating factor, its presence can impact your conviction in a similar way. If you refused to submit to a chemical test following a DWI arrest, you will face heightened maximum penalties.
In most cases, the more of these factors are present, the higher the potential sentence might be. In general, the number of aggravating factors will affect your misdemeanor DWI case in the following ways:. It is worth noting that aggravating factors only apply to misdemeanor offenses. When it comes to felony DWI, the only factor that matters is the number of prior convictions within a year window. Factors like your BAC or potential child passengers will have no effect.
While there is no offense of aggravated DWI in Minnesota, that does not mean the specific facts of your case cannot result in a harsher sentence.
Given what is at stake with a DWI prosecution, it is crucial that you rely on legal counsel that knows how to fight back. To learn more about your options, schedule a free consultation with the attorneys of Gerald Miller.
Call right away to set up your free initial consultation. It can, however, result in increased sentencing if you are not represented by an attorney who is experienced in these types of proceedings. Typically the hearing involves discussing a few different things.
Discussion includes whether or not the officer had reasonable grounds to stop you for a DWI, whether or not you refused the breathalyzer test, whether or not you were notified that you may lose your license upon refusal of the breathalyzer, whether or not the chemical test was administered properly, and whether or not you tested above the legal limit. If the court finds your guilty of the DWI charges, then the punishment will be issued based on the number of prior DWI convictions and the severity of your offense.
Typically your first offense will result in license revocation anywhere from six months to one year or the option for an ignition interlock license for one year. Repeat offenders could lose their license for two years and face 96 hours of jail time. You can also be required to maintain your interlock device for a period of two years. DWI penalties steepen after your second and third offense to a minimum of two years license revocation. After your fourth DWI , you have the potentiality to lose your license for life and can spend up to 18 months in prison with six months of mandatory jail time.
Remember, time is not on your side, and you only have twenty days after your arrest to request a DWI hearing, or your license will be automatically suspended. Click here to learn more. Single Blog Title This is a single blog caption. New Mexico has very strict laws concerning DWI, or driving while impaired by alcohol or drugs.
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