Are You Worried About Your DUI Charge?
DUIs are serious, no joke about it. Even when charged as a misdemeanor, they have the potential to negatively impact your life in far-reaching ways. But certain situations can see the severity of your DUI increase exponentially. Now you’re worried about a potential felony, and even worse, substantial jail time.
Let us help you understand your charges and fight for your rights. At Scheer, Montgomery & Call, P.C., we are ready to take on your case and ensure you are treated fairly. We will pull out all the stops when it comes to protecting your future and your freedom.
What Is an Aggravated DUI?
An aggravated DUI is a far more serious form of a standard DUI charge. In Georgia, a regular DUI is usually charged as a misdemeanor, but certain factors can elevate that charge to a felony offense. When a DUI involves elements that put others at greater risk or show a pattern of dangerous behavior, prosecutors are more likely to pursue harsher penalties.
Common aggravating factors include:
- Multiple prior DUI convictions
- Driving with a suspended license
- Causing a serious injury or death
- Having a child passenger in the vehicle
Each of these factors signals to the court that the situation has gone beyond a simple lapse in judgment and instead suggests a greater threat to public safety.
Aggravated DUIs carry heavier consequences, including mandatory jail time, steep fines, long-term license suspension, and a permanent felony record.
You should not take these charges lightly.
What Are the Penalties Associated With an Aggravated DUI?
The punishments that come with this felony charge are extensive, and in extreme circumstances, you could be looking at decades in prison.
The punishments for an aggravated DUI can include any of the following:
Incarceration and Fines
- 90 days to 5 years in prison for repeat DUI convictions
- 1 to 15 years if someone was seriously injured
- Up to 20 years in prison if someone was killed
- Fines ranging from $1,000 to $5,000, not including court costs or probation fees
- Restitution may be required if someone was harmed or property was damaged
- Additional costs may include DUI school, drug testing, and the installation of an ignition interlock device
Driver’s License Revocation
Unlike misdemeanor DUIs, aggravated cases often result in complete license revocation, not just a suspension.
- Felony DUI convictions may lead to a five-year revocation
- Hardship or limited permits are much harder to obtain for a felony conviction
Substance Abuse Treatment & DUI Court
If your offense shows signs of addiction or repeated poor judgment, the court may require the following:
- Mandatory enrollment in substance abuse programs
- Participation in DUI or accountability court, where you’re monitored closely for a set amount of time
Permanent Felony Record
Possibly the penalty that will follow you the longest is the felony conviction itself. Once convicted, this can follow you for life.
- It can affect your ability to vote, own firearms, or hold certain jobs
- Background checks for housing, employment, or licensing will always flag the conviction
Hopefully, this helps you understand the severity of the situation. Let our team help you fight this charge.
Can You Get Your Aggravated DUI Reduced to a Misdemeanor?
While it’s possible, it’s not easy. Prosecutors don’t take aggravated DUI charges lightly, and they are usually looking to make an example. With that said, reductions are possible in some cases, especially when there are issues with evidence, you have a clean record, or the aggravating factor is something that can be reasonably explained.
Plea deals are often the most common path. If your defense team can poke holes in the evidence, like challenging the stop itself or questioning the accuracy of the police report, it can create enough leverage to push for a lesser charge.
First-time offenders may stand a better chance at a reduction, but only if the case is handled properly from the start.
A skilled DUI defense attorney who knows how to dig deep and pressure the right points can push the prosecution to rethink their approach to your charges. Without that, you may be walking out of the courtroom in handcuffs.
Can You Just Refuse to Take the Breath Test?
It may be tempting to refuse a breath test in order to reduce the evidence that can be used against you, but this tactic can make things much worse when aggravating factors are involved. If any of the aggravating factors listed above are involved, prosecutors will almost certainly use your refusal to argue that you were attempting to hide how intoxicated you were. That refusal can be introduced in court as evidence of consciousness of guilt, especially when paired with other circumstantial evidence.
On top of that, your license will likely be suspended for at least one year without the chance of a limited permit. If someone was seriously hurt or killed, refusing the test may shut the door on a possible plea deal.
Are You Ready to Start Building Your Defense?
As you can see, there are serious penalties on the line when there are aggravtiung factors involved with your DUI charges. You’re suddenly not facing a misdemeanor with minor penalties but a felony, huge fines, and the possibility of decades in prison.
Don’t gamble your future by showing up to court unprepared. Don’t put your fate in the hands of a public defender who doesn’t have the ability to give your case the one-on-one attention it needs. Call 912-233-1273 to schedule a free consultation with Scheer, Montgomery, & Call, P.C. Our team is ready to give your case the serious attention it deserves.
