No matter the type of situation you are currently facing as it relates to a DUI charge, it is important to understand the exact nature of the criminal charges against you. An elevated charge such as aggravated DUI in Pennsylvania could mean stiffer penalties and a greater challenge facing you as it relates to defending yourself.
There are several factors that can increase or aggravate a DUI charge in Pennsylvania. The prosecution has the discretion to determine these various factors and charges and this could increase the consequences you are facing if convicted.
A DUI defense attorney in Pennsylvania should evaluate these aggravating factors one at a time until there are a few, if any, remaining. The most common aggravating factors in a Pennsylvania DUI include:
- A second or subsequent conviction.
- An accident caused by the person accused of DUI that led to injuries.
- A young individual inside the vehicle.
- Blood alcohol concentration above 0.10% or higher or a blood alcohol content of 0.16% or higher.
A knowledgeable Pennsylvania DUI defense attorney may challenge the chemical test or the traffic stop itself in order to challenge the results of the BAC. There is a program known as Accelerated Rehabilitative Disposition in Pennsylvania that is available in certain situations. This allows a conviction to be expunged if the individual is approved and goes through ARD. Without the completion of ARD, it is very difficult to have your conviction expunged. You may be eligible for this program, if:
- There were no serious injuries or deaths of other people in an accident caused by DUI.
- It is your first offense within a ten-year period.
- There were no passengers younger than 14 in the accused car at the time of the event.
While aggravated DUI may not be a specific charge in the state of Pennsylvania, these aggravating factors could be used to enhance drunk driving charges. When any of these are present, then knowledge and experience of a talented Pennsylvania DUI defense attorney cannot be overstated. Since the penalties can be stiff and the allegation itself haunting, you need a defense lawyer who is concerned about protecting your future. Don’t wait to get the help you need.