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If I hit someone's car is that an aggravated DUI?
Question:
I was arrested after an accident, and I was charged with a DUI. Since I cause the accident, does that make it an aggravated DUI charge?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
DUI is a serious charge. If you also had an accident, that will almost certainly have an impact on your case. Whether or not it makes your DUI aggravated depends on your state's laws.
You do not have to wait until you go to court for a determination. Judges do not decide the meaning of aggravated on a case-by-case basis. When there is a possibility of aggravated DUI, the circumstances are contained within the law. You should be able to check your state code and find a complete list. If it includes wording such as"having an accident" or terms such as"property damage" or"property destruction," your accident should constitute an aggravated DUI.
Be aware that some aggravated DUI laws include mandatory penalties. You may also want to familiarize yourself with what they are.
If your state code does not deem your accident to be aggravating, do not think that you cannot be penalized. The court is likely to give you a harsher sentence than it otherwise would have. In regular DUI cases, sentencing becomes almost standard. However, judges usually have significant amounts of flexibility. This provides them the authority to impose harsher punishment where they feel it is due.
Most judges will feel warranted to address the fact that you got intoxicated and damaged someone else's property. Although you may consult the state code, do not mistake that for providing you with legal skills. For a case such as this, you should not consider representing yourself. You need to contact an experienced DUI attorney.
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