What Makes a DUI Charge "Aggravated?"

Posted by Richard Lawson | Feb 17, 2013 | 0 Comments

Any DUI charge is serious, and should be handled only by a skilled attorney, but some are undoubtedly more serious than others. When a DUI that would normally be considered a simple DUI gets treated as something more serious, chances are that "aggravating factors" contributed. There are many different circumstances that could constitute an aggravated DUI charge. Here, let our firm explain in details what some of those are.

DUI with Injury i s one type of aggravated DUI charge. It involves driving under the influence that resulted in the injury of another human being. This is considered a felony offense under most circumstances, as opposed to a simple DUI which would be considered a misdemeanor.

DUI Manslaughter or Vehicular Homicide is arguably the most severe type of DUI penalty. If your driving under the influence resulted in the death of another human being, then you will likely be facing DUI manslaughter charges according to the Motor Vehicle Code Article 15 § 40-6-393.

DUI Leaving the Scene is a charge that can also be referred to as a "hit and run" accident. After an accident, everyone involved is typically highly confused and in a panic. Therefore, it is not uncommon for DUI and hit and run offenses to be coupled together. Failing to stop and render aid, however, is against the law and is considered an aggravated DUI offense.

DUI with Child Passenger is an offense that comes from Georgia child endangerment laws. Specifically, this can be found in § 16-12-1(d) of the statutes as well as in § 40-6-391(1). It is against the law to drive under the influence of alcohol with a child under the age of 14 in the vehicle. A first offense, and sometimes a second offense, is merely a misdemeanor but can be considered a felony of the DUI involved an accident as well.

DUI with Prior Offenses means that with each subsequent DUI offense, your penalties will become more severe. This means that even a simple DUI can be considered an aggravated DUI if you have previously been arrested for driving under the influence. In Georgia, DUIs will stay on your record for ten years. If the offense took place within ten years of the last DUI, then this will be considered an aggravated offense. This goes for second, third and all subsequent offenses.

If you have been arrested for driving under the influence and there were accompanying aggravated factors, then you need strong legal assistance. The Law Offices of Richard S. Lawson is prepared and equipped to handle your case so that you do not have to face excessive penalties. For a free consultation, please contact the firm today.

About the Author

Richard Lawson

Richard S. Lawson is passionate about intoxicated driving defense. Unlike some attorneys, Mr. Lawson devotes 100% of his legal practice to helping people stand up for their rights against DUI charges. For more than 20 years, Mr. Lawson has dutifully fought for his clients' freedom, resolving more 4,900 impaired driving cases during the course of his career. Today, Mr. Lawson has developed a reputation as a skilled negotiator and continues to help clients by fighting to keep them out of jail.


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