DUI Lawyers Help Prevent the Most Serious Consequences of DUI Charges
Many men and women deal with the consequences after being arrested for driving under the influence and don't fight the charge. Others hire a DUI lawyer to help them possibly have the charges reduced or the case dismissed. A DUI attorney also can persuade a judge to be as lenient as the law allows after conviction. People have various reasons for trying to avoid the fallout from a conviction instead of accepting what has happened.
Aggravating Factors
Certain driver behaviors worsen the severity of the offense in the eyes of the legal system. These are known as aggravating factors and can result in a harsher sentence than would otherwise be typical in a DUI case. Some of these behaviors carry minimum incarceration sentences and steeper fines than the norm; state law requires this upon conviction.
Two Examples
Regulations vary a great deal by state, but there are some common factors. One example is the driver having one or more minor passengers in the vehicle when stopped by law enforcement. Depending on the state, the defining age in this offense might be 14 or younger. Perhaps the intoxicated driver was traveling with their children. The prosecuting attorney might view the situation seriously enough to charge the defendant with felony child endangerment. A conviction could lead to a prison sentence of a year or more.
Causing an accident is another aggravating factor. Even a relatively minor incident that results in property damage to another person's vehicle is considered serious. Worse is when the collision injures someone, especially if injuries are severe. That holds true even if the injured person was the intoxicated driver's passenger.
The prosecuting attorney might charge this individual with assault if the collision caused severe injuries. Depending on the state's legal terms, the charge could be referred to as intoxication assault or assault by auto. This is a felony offense, the same as with standard assault that causes serious injury.
The Lawyer's Approach
The attorney might convince the prosecution to reduce the DUI charge to reckless driving or to drop the aggravating factor from the case. If this strategy does not work, advocating for sentence leniency is another method that can help the client. A judge might be persuaded to issue the minimum sentence allowed if the defendant has never been in legal trouble before and has otherwise been an upstanding citizen.
Defendants facing these potential consequences could feel it's crucial to hire a DUI lawyer. They may schedule an initial consultation at the earliest convenience.
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