If you are reading this, there is a good chance that you or someone you know has been arrested on suspicion of driving under the influence with a recorded Blood Alcohol Concentration of 0.15% or higher. While the potential consequences are daunting, you have taken the first step towards mitigating those consequences. Hiring an attorney, any attorney, will improve your chances for a positive outcome to your case. Hiring an attorney from Los Angeles DUI Attorney Law Firm will increase your chances even more. The attorneys at Los Angeles DUI Attorney Law Firm have had the benefit of tutelage from an attorney with nearly three decades of experience representing clients accused of all manners of crime; Vincent Ross has spent the better part of his life producing positive results for his clients. With Mr. Ross’ tutelage, our attorneys have gained additional tools, which will allow them to continue his legacy of successfully representing our clients in criminal cases; specifically, cases in which they are accused of driving under the influence.
If this is the first time you have been accused of driving under the influence, the charges are generally brought as a misdemeanor; this limits the penalties you might be facing. However, if you are accused of driving under the influence with a BAC of over 0.15%, the penalties could be enhanced significantly. The allegation of driving with a BAC of over 0.15% is known as an “aggravating factor”, which increases the penalties associated with a conviction; this could include serving time in jail. If you have been accused of driving under the influence, with the aggravating factor of having a BAC of 0.15% at the time, contact Los Angeles DUI Attorney Law Firm immediately. Having experienced counsel on your team can substantially increase your chances of removing the aggravating charge, having the case dismissed, and keeping your driver’s license.
If the charges against you include a charge of driving under the influence with a BAC of 0.15%, this is known as an “aggravated DUI.” For more information on “aggravated DUI” please take the time to review that article on our website.
The list of aggravating circumstances is as long as your imagination can make it. However, there are certain scenarios that occur frequently. Those scenarios include the following:
- There was an accident you were involved in while driving under the influence. This factor will be considered regardless of whether or not the driver of the other vehicle was also under the influence.
- Someone was injured as a result of you driving under the influence; this includes passengers in your vehicle.
- There was a passenger in your car that was under the age of 14 at the time you were arrested for driving under the influence. If you were arrested for driving under the influence with a passenger who was under the age of 14 at the time of the arrest, contact an attorney at Los Angeles DUI Attorney Law Firm immediately; the consequences could be incredibly severe. If an individual under the age of 14 is present in your vehicle when you are arrested for driving under the influence, you will face enhanced penalties as well as a “child endangerment” charge. It is incredibly important to fight this charge because regardless of whether or not your attorney can remove the aggravating factors of your case, and bring it down to a “simple” DUI; you may still face criminal charges of endangerment, unless your attorney can defeat the driving under the influence charges against you.
- At the time you were stopped on suspicion of driving under the influence, you refused to submit to a blood, or breath, test.
- At the time you were arrested for driving under the influence, you were on probation.
- At the time you were stopped on suspicion of driving under the influence, you did not have your California driver’s license; alternatively, if you were driving with a license that has been cancelled, revoked, or suspended.
- At the time you were arrested for driving under the influence, you had already been convicted of a prior DUI in the recent past.
- If at the time you were stopped on suspicion of driving under the influence, you were driving between 25-30 MPH above the legal speed limit, or you were driving in a “reckless” manner; this generally means 3 or more traffic offense in a short period of time.
- At the time you were arrested on suspicion of driving under the influence, you were not legally allowed to drink; less than 21 years of age or on probation with those conditions attached.
- If while driving under the influence, you were involved in an accident; and failed to remain at the scene. In this case you will be charged with aggravated DUI, DUI hit-and-run, and potentially additional charges. If this is what you are accused of, contact an attorney immediately, this particular accusation can result in severe penalties.
- At the time you were arrested for driving under the influence of alcohol, your blood alcohol concentration (“BAC”) was 0.15%, or higher. In these cases, your attorney will likely challenge the accuracy of the test in an effort to reduce the BAC the Prosecutor is allowed to accuse you of; this can have the practical effect of taking your BAC out of the “aggravating” level.
As mentioned above, some factors are treated more harshly than others. For example, you will receive stiffer penalties if your DUI resulted in physical damage to property, or injury to a person. A conviction for a DUI, or a DUI with aggravating circumstances, the results could have a profound impact on your life, and your job. If you have been accused of driving under the influence, with aggravating circumstances, contact Los Angeles DUI Attorney Law Firm; our skilled attorney’s will work with you to build the strongest case possible against the accusations made against you.
This article will specifically address what will happen if you are charged with driving under the influence with a BAC of 0.15% or more.
AGGRAVATED DUI CONVICTIONS MAY CARRY ADDITIONAL PUNISHMENTS
In a strictly objective sense, if you have been arrested for a DUI for the first or the second time, it is unlikely that you will be facing any jail time; the Prosecuting Attorney will likely offer a “plea bargain.”1 However, with a DUI involving aggravating circumstances, such as a BAC of 0.15%, the Prosecutor will likely seek enhanced penalties against you. These enhanced penalties can include: (1) community service, (2) public service work, (3) jail time, (4) mandatory attendance at substance abuse meetings; and (5) enhanced fines.
WHAT HAPPENS IF I AM INVOLVED IN AN ACCIDENT WHILE DRIVING UNDER THE INFLUENCE?
If the facts surrounding your DUI include that you were in an accident while driving under the influence, the Prosecution may approach the case differently depending on the jurisdiction you are being charged in. At any rate, being charged with driving under the influence with aggravating circumstances has severe consequences. Having an attorney with an intimate understanding of the particular jurisdiction you are in can have many tangible benefits.
WHAT HAPPENS IF YOUR BAC IS 0.15% AT THE TIME OF YOUR ARREST?
When you are arrested on suspicion of driving under the influence, the arresting officer will conduct what is known as a “preliminary alcohol screening test” or a “PAS.” If the result of those tests show your BAC is 0.15% or higher, you may be forced to go to Alcoholics Anonymous or another alcohol treatment program for at least 9 months. Further, the Court may require you to install something known as an Ignition Interlock device on every vehicle you own2. Finally, with the presence of an aggravating factor, you may face the possibility of serving jail time.
If you are arrested, and your BAC is reported as 0.15% or higher, the Court will likely enforce the enhanced sentencing, which is allowed, are situations such as this. Each county treats the enhancement of a 0.15% or higher BAC differently.
If you have been accused of driving under the influence of alcohol, and you had a BAC of over 0.15%, it is critical that you have an attorney on your side. The attorneys at Los Angeles DUI Attorney Law Firm have extensive knowledge of the judges, prosecutors, and law in Los Angeles County. They will utilize their extensive knowledge to obtain a favorable outcome to your case. To do this, they will discuss every fact surrounding your stop, arrest, and ultimately statements to the police. Using this information, your attorney will built the most effective defense to your case available.
YOUR FREE CONSULTATION
If you have been arrested for a DUI or any other charge relating to alcohol or drugs, schedule your free consultation before making any decisions or discussing your case with anyone. We also recommend that you do the following prior to your visit:
- Identify every question you will have for your attorney prior to your visit; while our attorneys will ask the critical questions, it is helpful for your attorney to be aware of your concerns.
- Provide all documentation related to your case. This includes your “Admin Per Se” document, as well a bail bond papers, and any other documents you have received.
- Try to remember specific details about your arrest, such as the field sobriety tests you underwent and if you were read your Miranda rights.
At your consultation, it is imperative that you communicate with us any past traffic violations you have had within the last three years, including public intoxication, prior DUI arrests, and other traffic violations. Please share this information even if you were not convicted or if the violations occurred in other states. Your transparency will allow the attorney to accurately assess your case and create the most effective defense strategy.