how an attorney can alter a sentencing

Posted on: 23 July 2018

If you have been charged with a DUI, then you may be looking at a basic charge that can be defended by an attorney. However, there are some situations where the charges may be more serious or complicated. In this scenario, the drunk driving defense may be a bit more tricky and you may be looking at some punishments that are more severe. Keep reading to learn about a few of the serious charges and what they may mean for you.

Aggravated DUI

Aggravated is a legal term that is used to describe a situation where a crime is more serious or heinous based on the circumstances surrounding the crime. Aggravated can describe any number of different scenarios. A few common situations involve a blood alcohol concentration that is multiple times above the legal limit. Driving with a BAC that is .16 or higher may meet the threshold for an aggravated DUI charge. This is also true if you were not following the laws of the road while you were driving under the influence. Excessive speeding, dangerous lane changes, and running stop signs and red lights can all lead to the charge.

Multiple past offenses and driving under the influence of both drugs and alcohol can be problematic as well. So can driving with a minor in the vehicle or getting a DUI with a suspended license. 

Many aggravated charges will lead to a more serious punishment. Depending on your history, you may be looking at spending a short time in jail. However, many lawyers can plead your case and ask for high fines, long probations, and rehabilitation instead. This is often ideal, but you will need to stay out of trouble for some time or you will face jail time. Basically, if you break the terms of the agreement set forth by the judge, the agreement will likely be void. 

Commercial DUI

DUIs involving a standard non-commercial vehicle are the most common. However, sometimes an individual will be charged with a DUI when operating a commercial vehicle like a bus, semi-truck, or work van. However, you should understand that the charge does not merely come into play if an individual is driving a commercial vehicle. If the vehicle is being used for work purposes, then they may see the charge as well.

Commercial drivers often have lower BAC limits, so it is much easier to be charged with a commercial DUI than a regular DUI. Also, individuals who are driving commercial vehicles are held to a higher standard of care when it comes to recklessness. So, charges are often more severe and may involve the revocation of your license.