Paulding County Aggravated DUI Lawyer

Defending Against Aggravating Circumstances in DUI Charges

If you have been arrested for a DUI in Georgia, you are likely facing severe penalties. Depending on the circumstances of your DUI, you could be faced with an aggravated DUI charge which carries more severe penalties. 

If you have been charged with aggravated DUI, your freedom and driving privileges could be at stake. Our Paulding County DUI attorneys can help build you a better defense today. With over 100 years of combined experience, and as former prosecutors, you can rest assured our attorneys have the skill set you need for your case.

Why Choose Henrickson & Sereebutra?

• Consistent Track Records of Success
• Positive Client Reviews
• Free Case Evaluations
• Former Prosecutors

Don’t face DUI charges alone. Speak with an experienced Paulding County aggravated DUI attorney today by calling (770) 212-3313 or reaching out online for a free consultation.

What is an Aggravated DUI?

The following factors can aggravate the penalties in a DUI:

• Minors in the Motor Vehicle: If there was a minor in the vehicle at the time of your DUI arrest, it could result in an aggravated DUI charge. Under Georgia law, a minor child is considered anyone under the age of 14.
• Extremely High BAC Levels: The legal limit for blood alcohol content levels is .08%. If you are caught driving over that limit, you could be charged with a DUI. When drivers are tested through breathalyzer or blood tests and those tests reveal a BAC that is extremely high, you could be charged with an aggravated DUI. Extremely high BAC levels are generally considered as anything over twice the legal limit.
• Excessive Speed: If the police caught you speeding when you were pulled over and arrested for a DUI, depending on your speed you could be faced with an aggravated DUI charge. For example, if the officer clocked you going 30 miles over the speed limit, the defendant could face much more severe penalties than if they had been driving a five or ten miles over the speed limit.
• Suspended or Revoked License: When the DUI defendant is caught driving on a suspended or revoked license, aggravated DUI charges can incur. The law evokes further penalties for individuals caught driving under these circumstances because they have shown blatant disregard for the law.
• Multiple DUI Convictions: Prosecutors can also push for harsher sentencing for drivers convicted of multiple DUIs. The courts give harsher penalties for repeat offenders in an effort to deter them from driving under the influence of drugs or alcohol.
• Causing significant injury or death: If driving under the influence leads to injury or death, you may be facing aggravated DUI charges, and these offenses can carry severe penalties.

A Paulding County aggravated DUI attorney is well-versed in how these factors apply in Georgia and can provide a thorough defense strategy based on the specifics of your case.

Penalties for Aggravated DUI in Georgia

The penalties for an aggravated DUI charge in Georgia can vary depending on the aggravating factors involved and the specific circumstances of the case. However, the consequences are far more severe than those for a standard DUI offense. Penalties may include:

• Fines: Depending on the severity of the offense and the factors involved, fines can range from $1,000 to $5,000 or more. If your BAC is extremely high, or if there is a child passenger in the vehicle, the fines may be on the higher end of the spectrum.
• Jail Time: Jail time for an aggravated DUI conviction can vary significantly. For a first aggravated DUI offense, you could face up to 12 months in jail, though many sentences may be reduced to probation or alternative sentencing. However, for subsequent offenses or if your actions caused injury or death, you may face significant prison time. If you are convicted of felony aggravated DUI, sentences can range from 1 year to 15 years in prison, depending on the case.
• License Suspension: A license suspension is a common penalty for DUI offenses in Georgia. For aggravated DUI, the suspension period is often longer than for a standard DUI. In certain cases, you could face a suspension for up to 5 years or more, depending on the severity of the offense.
• Ignition Interlock Device: Georgia law mandates that individuals convicted of certain DUI offenses, including aggravated DUI, may be required to install an ignition interlock device in their vehicle. This device prevents the car from starting if it detects alcohol on your breath.
• Probation: Many aggravated DUI offenders are sentenced to probation rather than jail time, particularly for first offenses. However, probation typically includes strict conditions, such as regular check-ins with a probation officer, alcohol or drug counseling, and community service.
• Court-Ordered Programs: Offenders convicted of aggravated DUI are often required to complete a DUI education program, alcohol treatment program, or community service. These programs aim to reduce the likelihood of future offenses and help individuals understand the risks and consequences of impaired driving.
• Permanent Criminal Record: A conviction for aggravated DUI results in a criminal record, which can have lifelong consequences, affecting employment opportunities, housing applications, and more. Additionally, a felony conviction related to aggravated DUI can have more severe long-term effects than a misdemeanor DUI conviction.

Common Defenses for Aggravated DUI Charges

An experienced Paulding County aggravated DUI attorney will assess your case and develop a defense strategy that is tailored to your situation. There are several defenses commonly used in aggravated DUI cases, including:

• Improper Traffic Stop: Law enforcement officers are required to have a valid reason to stop a vehicle. If your attorney can demonstrate that the traffic stop was unlawful, any evidence obtained after the stop could be inadmissible in court, potentially resulting in the dismissal of the charges.
• Inaccurate BAC Test: Breathalyzer and blood tests are common methods for measuring BAC levels, but they are not foolproof. If the equipment used for testing was faulty or improperly calibrated, or if the testing procedure was not followed correctly, the results may not be reliable. A Paulding County aggravated DUI lawyer can challenge the accuracy of these tests to reduce or eliminate the evidence against you.
• Medical Conditions or Other Factors: Certain medical conditions, such as diabetes, GERD (gastroesophageal reflux disease), or acid reflux, can cause elevated BAC readings on breath tests. Additionally, improper administration of field sobriety tests can lead to inaccurate results. We can evaluate your medical history and the circumstances surrounding your arrest to identify any potential issues with the evidence.
• Lack of Proof of Impairment: In many cases, prosecutors must prove that the driver was impaired while operating the vehicle. If your attorney can show that there is insufficient evidence to prove impairment—such as showing that you were not swerving or driving erratically—it could lead to a reduction or dismissal of charges.
• Coerced Confession or Statements: If you made statements or admissions under duress or without being properly informed of your rights, those statements could be inadmissible in court. A Paulding County aggravated DUI attorney will examine any statements made to law enforcement to determine if they were legally obtained.
• Unreliable Witnesses or Inaccurate Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by many factors such as weather conditions, physical disabilities, or nervousness. If your attorney can prove that the tests were not administered properly or that the results were unreliable, it could significantly weaken the prosecution’s case.

The Importance of Hiring a Paulding County Aggravated DUI Attorney

When facing aggravated DUI charges in Georgia, the consequences are far too severe to handle alone. Having an experienced Paulding County aggravated DUI attorney on your side can help you navigate the complex legal process, potentially reduce the severity of the penalties, and protect your rights.

A dedicated attorney will investigate the facts of your case, evaluate the evidence, and work tirelessly to develop a defense strategy tailored to your specific situation. They will also negotiate with the prosecution for possible plea deals or reduced charges, when appropriate, to minimize the impact of the charges on your life.

Contact a Skilled Paulding County DUI Attorney

If there are aggravating factors in your DUI case, you need the support of an experienced Paulding County DUI lawyer on your side. A DUI charge should be taken seriously as you could face jail time, significant fines and lose your driving privileges.

Call our offices today at (770) 212-3313 to schedule your free consultation.