Law Office of Ronald A. Cabanayan
Law Office ofRonald A. Cabanayan

DUI ~ Criminal Defense ~ Immigration/Naturalization

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What is an aggravated DUI?

The holidays are now in the past, but you may have many memories to carry you through the rest of the year. Perhaps you reunited with old friends, created some new traditions or received an unexpected gift that meant a lot to you. On the other hand, you may have memories you would rather forget.

If your festivities resulted in a drunk driving arrest, you likely have many concerns about how this incident will affect your future. Even if this is your first and only DUI, you will likely have consequences to face if you accept a plea or a court convicts you. However, if the arrest included aggravating factors, you may have more serious issues to worry about.

Some common aggravating factors

Aggravating factors are those situations that add a level of danger or egregiousness to a standard DUI. Often, a conviction for a DUI with aggravating factors results in enhanced penalties, such as higher fines, additional punishments or longer times behind bars. Some examples of situations that may lead to an aggravated DUI charge include these and others:

  • Having a blood alcohol content considerably higher than .08, which is the legal limit for impaired driving in California and most other states
  • Transporting minors while your BAC is .08 or higher
  • Driving impaired while your license is already under suspension for DUI or other offenses
  • Speeding while impaired, depending on the amount at which your speed exceeds the posted limit
  • Refusing to consent to a BAC test after your arrest
  • Driving under the influence after previous convictions for DUI

Of course, if your arrest followed an accident that resulted in the injury of your passengers or the occupants of another vehicle, you can expect your situation to be quite serious. If the accident caused the death of someone else, you may be facing charges that are far more devastating than a DUI.

Whether you face a regular DUI offense, a repeat offense or a DUI with aggravating factors, you should not brush it off as something you can handle on your own.

A conviction for a DUI remains on your record indefinitely and may complicate your prospects for seeking employment, reduce your eligibility for housing, and raise the severity of any future encounters with law enforcement. Seeking legal advice for guidance in pursuing the best alternatives for your situation is a wise move.

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Law Office ofRonald A. Cabanayan

31 N. 2nd Street
Suite 321
San Jose, CA 95113

Phone: 408-758-5673
Fax: 408-409-2547
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