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What constitutes an aggravated DUI offense?

 Posted on August 08, 2024 in Felony DUI

Drunk driving charges carry significant consequences that can affect every aspect of your life, from your job prospects to your personal relationships. However, when aggravating factors are involved, your situation can become even more serious. But what exactly are these factors that make a DUI charge "aggravated," and how much can they influence the outcome of your case?

What are the aggravating factors in a DUI?

Aggravating factors are specific circumstances that can increase the severity of a DUI offense. These factors often lead to harsher penalties, including longer jail sentences, higher fines and extended license suspensions. Some common examples of these aggravating factors are:

  • High blood alcohol content (BAC): Under Maryland law, you are legally impaired if your BAC is 0.08% or higher. However, a BAC of 0.15% or more constitutes an aggravating factor that can lead to harsher penalties.
  • Reckless driving: If you were driving recklessly or speeding at the time of your arrest, it can significantly worsen your DUI charge.
  • Presence of minors in the vehicle: The law views DUI with a child passenger as child endangerment. This can result in additional charges and more severe consequences.
  • Prior DUI convictions: If you have previous DUI convictions on your record, each subsequent offense typically carries increasingly severe penalties. In Maryland, multiple offenses within a certain timeframe can lead to felony charges.
  • Refusal to take a chemical test: Maryland has an implied consent law, meaning that by driving on public roads, you agree to chemical testing if suspected of DUI. If you refuse to take this test, you may face automatic license suspension, and authorities can use your refusal against you in court.

Understanding these factors is crucial to preparing a strong defense and minimizing the consequences of your DUI charge.

The road ahead

The implications of a DUI conviction can be severe and long-lasting, affecting not only your life but also the lives of those around you. By knowing the aggravating factors that can worsen a DUI charge, you can contribute to creating safer roads for everyone.

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