Aggravated DUI’s are not only dangerous but also come with severe penalties. In Oklahoma, Driving Under the Influence (DUI) is a serious offense in itself, but certain circumstances can elevate a standard DUI to an aggravated DUI, resulting in harsher penalties. Understanding what constitutes an aggravated DUI and the associated legal consequences is important for anyone facing such charges in Oklahoma.
Definition of Aggravated DUI
An aggravated DUI in Oklahoma is defined under specific conditions that indicate a higher level of danger or negligence. These conditions include:
- High Blood Alcohol Concentration (BAC): A BAC of 0.15% or higher, which is nearly twice the legal limit of 0.08%, automatically qualifies as an aggravated DUI.
- Previous DUI Convictions: Repeat offenders with prior DUI convictions face aggravated DUI charges.
- Presence of Minor in the Vehicle: Driving under the influence with a child passenger increases the severity of the offense.
- Accidents Resulting in Injury or Death: If the DUI results in an accident that causes serious bodily injury or death, it is considered aggravated due to the severe consequences of the impaired driving.
Other factors, such as reckless driving, excessive speeding, or evading law enforcement while under the influence, can also elevate a DUI to an aggravated status.
Legal Consequences
The penalties for an aggravated DUI are significantly more severe than those for a standard DUI. Some potential ones include:
- Increased Jail Time: Mandatory jail sentences are longer for aggravated DUI convictions. A first offense can result in up to one year in county jail. Longer sentences can be given for repeat offenses or cases involving injury or death.
- Higher Fines: The fines are substantially higher, often reaching several thousand dollars, depending on the specific circumstances of the case.
- Longer License Suspension: The period of driver’s license suspension is extended, potentially lasting several years. Repeat offenders may face permanent revocation of their driving privileges.
- Mandatory Substance Abuse Treatment: Offenders often have to undergo mandatory alcohol and substance abuse treatment programs, such as educational courses and counseling sessions.
- Installation of Ignition Interlock Device: Offenders may have to install an ignition interlock device (IID) on their vehicles. This device prevents the vehicle from starting if the driver’s BAC is above a pre-set limit.
- Probation and Community Service: Courts may impose extended probation periods and require community service as part of the sentencing.
While these are just some possible penalties, the court will decide the exact consequences after looking at all details of the case.
Defenses Against Aggravated DUI Charges
Challenging an aggravated DUI charge requires a strong legal approach. Potential defenses include:
- Challenging Results: Questioning the accuracy and validity of BAC testing methods, such as breathalyzer or blood tests, due to improper calibration, handling, or procedural errors. You could also argue errors while administering the field sobriety test.
- Questioning the Traffic Stop: Arguing that the initial traffic stop was unlawful or lacked probable cause could lead to the dismissal of evidence obtained during.
- Lack of Evidence: Demonstrating insufficient evidence to prove the aggravating factors beyond a reasonable doubt.
- Procedural Errors: Identifying any procedural errors or violations of legal rights during the arrest and investigation process.
By seeking legal counsel, you can get advice on what your best defense option is based on your situation.
Steps to Take
When you’re facing charges of an aggravated DUI, there are certain steps you need to take. These will help you to stand your best chance at defending yourself against the charges or minimizing the penalties.
- Seek Legal Counsel: Immediately consult with an experienced DUI defense attorney who specializes in aggravated DUI cases. An attorney can provide critical guidance, protect your rights, and develop a strong defense strategy.
- Gather Evidence: Collect any relevant evidence, such as medical records, witness statements, and documentation of the traffic stop and arrest, to support your defense.
- Attend Court Hearings: Ensure you attend all scheduled court hearings and comply with any conditions set by the court.
Throughout the entire process, follow the advice and instructions of your attorney to achieve the best possible outcome.
Tulsa Criminal Defense Lawyers
An aggravated DUI charge in Oklahoma carries severe penalties that can significantly impact your life. Understanding what constitutes an aggravated DUI and the associated legal consequences is essential for anyone facing such charges. If you’re facing charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.