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When Is a DUI Considered to Be “Aggravated” in Richmond?

| Apr 27, 2021 | DUI

Driving under the influence is a serious criminal charge that can result in jail time, steep fines, and the loss of your license. And if you refuse a breath test, you may even face additional problems. But the consequences of both of these could be less than the punishment that comes along with an “aggravated” DUI.

There are a number of factors that could elevate your charge to an aggravated DUI, and it’s important to know what your options are if you’re facing these charges. If you’ve been charged with a DUI or an aggravated DUI, don’t wait to get professional legal help. Contact Del Rio Law, PLLC, today for the support and knowledgeable advice you deserve.

What Qualifies as an Aggravated DUI?

According to the Virginia Department of Motorized Vehicles, when someone is charged with driving under the influence, they may face increased penalties in certain circumstances. This is known as an aggravated DUI because of the more serious legal consequences. Situations that could lead to an aggravated DUI charge could include:

  • Having a blood-alcohol content over 0.15
  • Having prior convictions
  • Being charged with a DUI while transporting someone under 17

What Penalties Come With an Aggravated DUI Charge?

A regular DUI comes with significant consequences, including major fines and the loss of your license. But an aggravated DUI can carry these and other enhanced penalties. Penalties that may be involved in an aggravated DUI could include:

  • Mandatory jail time
  • License suspension or revocation
  • Monetary fines

An aggravated driving under the influence conviction can have a serious impact on your life and could even be prosecuted as a felony in some circumstances. That could lead to a criminal record that will permanently follow you around and hurt your opportunities in the future, whether you’re applying for a job, applying for a scholarship, or filling out an apartment application. So, if you’re facing a charge, talk with a lawyer about how they could help you protect yourself.

How Could a Lawyer Help?

A criminal charge can lead to devastating consequences, and Virginia has some of the toughest DUI penalties in the nation. But a criminal defense lawyer represents people who are charged with DUIs every day. They know how to build your case and pursue the justice that you deserve. A criminal defense lawyer could help you by:

  • Building a legal strategy that works for you
  • Answering your questions
  • Reviewing the evidence
  • Explaining your options
  • Working with prosecutors to reduce or drop charges
  • Fighting for you every step of the way

Can My Aggravated DUI Charges Be Reduced?

A skilled attorney will work meticulously to gather evidence and build a strong case to help get your charges reduced, or even dismissed, depending on the circumstances of the case. A lawyer will investigate your case and gather evidence, such as:

  • Evidence that casts doubt on the validity of the field sobriety tests
  • Evidence that casts doubt on the validity of the chemical tests, such as a witness who could testify that there was a break in the chain of custody for your chemical test
  • Video evidence, which may be used to show that you did not appear intoxicated at the time of the arrest or shortly before the arrest
  • Testimony from eyewitnesses who can testify that you did not drink before driving
  • Your own statement and driving history

Speak With Our DUI Lawyer Today

Virginia takes driving under the influence charges seriously, and so should you. That’s why you should speak with our experienced Richmond DUI defense lawyer when you need someone who will stand up for you. Whether you need a knowledgeable lawyer to review the evidence, answer your questions about Virginia law, or fight for you in court, we’re here every step of the way.

If you’ve been charged with a DUI, your next steps matter. Immediate action can mean all the difference in the world. So, protect yourself and your rights by getting in touch with Del Rio Law, PLLC, today. Call us at 804-352-0227 or fill out a contact form.