Is an aggravated DUI a felony charge?

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Question:

Is an aggravated DUI a felony charge?

Answer:

The terms “aggravated DUI” and “felony DUI” are often used interchangeably, but doing so is a mistake. In some states, if a person is found guilty of an aggravated DUI, she will be convicted of a felony, but this is not the case everywhere.

Most people are aware that getting charged with a DUI is serious. An aggravated DUI is a charge that includes circumstances that make the offense even more serious. These circumstances are outlined in a state's code and are not the same in every jurisdiction. Examples of aggravating factors may include excessive speeding, being caught in a school zone, and having a minor in the vehicle.

Conviction of an aggravated offense allows a person to be sentenced more harshly than she otherwise would have been, even if it is a first offense. In many cases, this involves mandatory punishments including incarceration. Making matters worse is that this charge will also result in a felony conviction. This means that it will be recorded on a person's criminal record and potentially affect a guilty party's life more adversely than a misdemeanor DUI.

Even if an aggravated offense is not a felony, it is extremely serious. These cases are often more difficult to defend than other DUI cases. An individual facing this charge should not attempt to represent herself. Contacting an experienced lawyer is essential and should be done immediately.

References:

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