Aggravated DUI

Savannah Aggravated DUI Attorneys

Fighting for Clients When They Need It Most

A DUI charge is always serious business. A DUI conviction can result in a lost driver’s license, fines, higher insurance costs, and even jail time. In other words, there is no such thing as a minor DUI charge. However, some are more serious than others. Extenuating circumstances can escalate the severity of a case, turning a standard DUI into an aggravated DUI with potentially harsher penalties.

The lawyers at Scheer, Montgomery & Call, P.C. are experienced in contesting DUI charges. With former law enforcement personnel on our side, we know where authorities are prone to make mistakes, and we know the prosecution’s case is not always as airtight as they want you to believe. Our Savannah DUI attorneys have a proven track record of securing favorable outcomes for clients and would be honored to assist you.

Facing an aggravated DUI charge? Don’t wait—protect your rights today. Contact our Savannah, GA, law firm today by phone or online to schedule a free consultation.

What are Common Aggravating Factors in DUI Cases?

Here are some of the most common aggravating factors prosecutors use as a basis for these elevated charges:

  • High Blood Alcohol Concentration (BAC): A standard DUI charge is based on a BAC of 0.08% or higher, but when the BAC substantially exceeds that threshold–typically 0.15% or higher–it can qualify as aggravated under Georgia law
  • Prior DUI Convictions: The penalties increase with each new conviction, and a third incident will likely result in an aggravated offense.
  • Causing Harm or Fatalities: A DUI charge becomes aggravated if it involves an accident where another person is injured or killed
  • Driving with minors in the Vehicle: Operating a vehicle under the influence with children present is considered especially reckless. Prosecutors often add aggravated charges in cases where anyone under the age of 14 was endangered
  • Excessive speeding or Reckless Driving: Driving under the influence while also engaging in excessive speeding or reckless behavior compounds the offense. These alleged actions indicate a higher disregard for public safety, leading to enhanced charges

Aggravating factors do more than potentially increase penalties — they can also influence how law enforcement, prosecutors, and judges treat the case.

What Type of DUI Defense Does Your Law Firm Offer to Clients?

Our Savannah DUI attorneys have comprehensive experience helping clients with a wide range of aggravated DUI offenses. Unlike other drunk driving charges, even a first-time aggravated DUI can result in serious consequences that can negatively impact you for the rest of your life.

Legal services we offer to clients include:

  • Aggravated DUI
  • CDL DUI
  • DUI Accidents
  • DUI Field Breath & Blood Tests
  • DUI License Suspensions
  • Felony DUI
  • Multiple DUIs
  • Underage DUI

Get the Legal Help You Deserve

Let us help you navigate your legal challenges. Schedule a no-obligation consultation with our experienced attorneys today, and take the first step toward justice.

What is Considered Over the Legal Limit in Georgia?

The state’s DUI laws stipulate that anyone who has a Blood Alcohol Concentration (BAC) of 0.08% or higher is considered over the legal limit. Georgia also enforces a zero-tolerance limit for drivers under 21, meaning they can be charged with a DUI if any alcohol is detected in their system. Individuals who hold a Commercial Driver’s License (CDL) are held to a higher standard and are only permitted to have a blood alcohol concentration (BAC) of 0.04%. This law applies even if a DUI suspect is operating their private vehicle. Individuals may be charged with aggravated DUI if their BAC registers 0.15% or higher or if other aggravating factors exist.

It is crucial to remember that you have legal options even if you have submitted to a breath or blood test that registered a BAC of 0.08% or greater. An experienced DUI attorney can often challenge the test results, citing lack of probable cause, procedural errors, and faulty testing equipment. Several external factors can also affect DUI testing, including the outside temperature, body weight, mouthwash that contains alcohol, acid reflux, and diabetes, to name a few.

If you have been charged with being over the legal limit, you must act immediately and obtain skilled legal representation so a lawyer can begin working on your case. You have a limited time to try to avoid a license suspension.

What are the Penalties for Aggravated DUI in Georgia?

Georgia DUI laws impose stiff penalties for aggravated DUI convictions that can have a devastating effect on your life and future. Some of the most common penalties include:

  • Jail Time: Most aggravated DUI convictions carry mandatory jail sentences. Depending on the circumstances, a prison sentence of between 1 and 5 years is possible
  • Fines: You will likely be fined at least $1,000 and potentially as much as $5,000
  • License Suspension: For a third DUI charge, your license will be suspended for at least five years. Complete revocation is possible. Reinstating driving privileges often requires completing DUI educational programs and paying reinstatement fees
  • Ignition Interlock Device: The court may mandate the installation of an ignition interlock device at the driver’s expense. The device requires drivers to pass a breathalyzer test before starting their vehicle, adding yet another layer of inconvenience and financial burden

Beyond the immediate penalties, aggravated DUI convictions can have lasting repercussions. You may face increased insurance premiums or difficulty obtaining coverage altogether, challenges securing employment due to a criminal record, and a lasting reputational impact within your community or profession.

What are Some Possible Defenses Against Aggravated DUI Charges?

Aggravated DUI charges can be challenged with the proper legal defense. Many cases involve errors by law enforcement or flaws in the evidence. Possible defense strategies include:

  • Challenging BAC Test Results – Breathalyzers and blood tests are not always accurate. Improper calibration, medical conditions, or even specific diets can lead to false readings
  • Field Sobriety Test Issues – Officers often rely on field sobriety tests; however, these tests can be unreliable due to factors such as poor weather, uneven pavement, or pre-existing medical conditions
  • Procedural Errors – If the arresting officer failed to follow proper procedures, such as not reading Miranda rights or conducting an unlawful stop, the case may be dismissed
  • Proving Lack of Intent in Reckless Driving – Prosecutors must prove reckless intent in some aggravated DUI cases. If there is no clear evidence, the charge may be reduced

It is important to remember that the defense strategy your lawyer chooses will significantly depend on the facts of the case and what they feel will yield the most significant benefits.

What is an Aggravated DUI and Felony Classification?

A DUI can be elevated to a felony in Georgia under specific circumstances. Understanding the difference between misdemeanor and felony DUI is critical:

  • When Does a DUI Become a Felony? – A third DUI within 10 years, causing serious injury or death, or driving under the influence with a minor in the car can lead to felony charges
  • Misdemeanor vs. Felony DUI Penalties – While a misdemeanor DUI may result in fines, license suspension, and jail time, a felony DUI can mean years in prison, hefty fines, and a permanent criminal record
  • Impact on Rights and Employment – A felony conviction can strip you of your right to vote, own firearms, and hold certain professional licenses. A felony conviction may also limit job opportunities

How Does an Aggravated DUI Affect Commercial Drivers?

Commercial drivers face even stricter DUI laws and harsher penalties. A DUI conviction can have devastating consequences for a CDL holder’s career.

  • Stricter DUI Limits – For commercial drivers, the legal BAC limit is 0.04%, half the standard limit for other drivers. Even a single offense can lead to disqualification
  • CDL Disqualification & Career Impact – A DUI conviction can result in a one-year CDL suspension for a first offense and a lifetime ban for a second offense. Many trucking companies will not hire a driver with a DUI
  • Defending a Commercial DUI Charge – Challenging the validity of the BAC test, proving an unlawful stop, or negotiating a plea deal to reduce the charge can help protect a driver’s livelihood

Can I Get an Aggravated DUI Charge Reduced to a Regular DUI?

Georgia prosecutors take a tough stance on aggravated DUI charges in the interest of public safety. Due to the serious nature of the charges, the prosecuting attorney will most likely vigorously pursue the case against you. In some cases, aggravated DUI charges can be reduced through plea bargaining or by challenging the evidence.

Depending on the facts of the case, your DUI lawyer may be able to negotiate with the prosecutor to try to have your aggravated DUI charges reduced if you agree to plead guilty to a lesser charge. All too often, police officers and prosecutors are overzealous when prosecuting DUI cases. A knowledgeable attorney will review the state’s case to determine if there was probable cause for the stop, DUI tests, or if the evidence is sufficient to charge you with aggravated DUI. Lesser charges often include defendants completing DUI education programs or paying fines. However, it should be noted that if you have a previous DUI conviction, the state attorney is more likely to pursue the original charges.

Will I Lose My Driver’s License Immediately After an Aggravated DUI Arrest?

If you have been arrested for aggravated DUI, you are probably concerned about losing your driver’s license. After an aggravated DUI arrest, the Georgia Department of Driver Services (DDS) will initiate an Administrative License Suspension (ALS), meaning that your license could be suspended before your DUI case makes its way through the legal process. Under Georgia’s DUI laws, you have a 30-day window from the date of your arrest to request an ALS hearing to try to prevent a license suspension. If you fail to request an ALS hearing before the deadline expires, your license may be automatically suspended.

Furthermore, under the state’s implied consent laws, all drivers are legally obligated to submit to DUI testing if they are arrested for suspicion of driving under the influence. Suppose you have refused to give a breath, urine, or blood test. In that case, your license will be automatically suspended for a year, and you are ineligible to receive a limited driving permit.

How Long Does an Aggravated DUI Stay on My Record in Georgia?

In Georgia, any DUI conviction will remain on your criminal record permanently. Unlike some offenses, Georgia does not allow DUI convictions to be expunged or removed. With the ease of conducting background checks, employers, rental agencies, and law enforcement agencies can easily access a person’s conviction record. State law allows a 10-year look-back period, meaning that a previous aggravated DUI conviction can have a severe legal impact on a new driving under the influence charge. Additionally, suppose you have been convicted of a felony aggravated DUI. In that case, you will be branded a convicted felon and cannot legally own or possess firearms or obtain a professional license.

Due to the severe penalties that accompany any DUI conviction, it is in your best interest to hire a skilled criminal defense attorney to represent you. An attorney will work to craft a customized defense strategy aimed at having the charges dropped or reduced.

Does an Aggravated DUI Conviction Mean Mandatory Jail Time?

No one likes the idea of having to serve mandatory jail time for a conviction. In most cases, defendants convicted of aggravated DUI are sentenced to serve time in jail. Aggravating factors, such as excessive BAC, multiple offenses, or injuries caused, increase the likelihood of jail time.

An experienced DUI defense attorney can explore alternative sentencing options, such as probation or treatment programs. However, in most instances, defense attorneys must advocate for lesser sentencing during plea bargaining. Prosecutors will consider several factors when deciding whether to use diversionary programs, including the defendant’s criminal history, their status as a first-time offender, and, if applicable, the victim’s input.

The importance of hiring a lawyer and mounting a robust defense cannot be overstated. Studies show that those who have been accused of DUI and have legal representation generally receive more favorable outcomes than those who do not hire a lawyer.

Why is Your Law Firm the Right Choice to Represent Me if I Have Been Charged With an Aggravated DUI?

If you have been charged with an aggravated DUI, you may be unsure where you can turn for help. Regardless of the facts involved in the case, you must hire an experienced DUI attorney to represent you. Due to the legal complexities of navigating the Georgia criminal justice system, you need a defense attorney who is fearless in standing up to prosecutors.

Scheer, Montgomery & Call, P.C. is a Savannah, GA law firm that is passionately committed to protecting our clients’ rights, freedom, and reputation.

The Difference Is in Our Dedication

  • Integrity in Every Action:
    The foundation of excellent legal work is built on honesty, transparency, and ethical practices, ensuring that your case is handled with the utmost respect and professionalism.
  • Committed to Delivering Results:
    We go beyond expectations to achieve successful outcomes, leveraging our deep expertise in various practice areas to fight for what’s best for you, whether through negotiation or trial.
  • Your Success, Our Priority:
    We put our clients first, dedicating ourselves to understanding your unique needs and providing personalized legal solutions that align with your goals, every step of the way
  • Decades of Trusted Legal Experience:
    With over 40 years of combined legal experience, Scheer, Montgomery & Call, P.C. will provide the knowledge and proven strategies to fight for your rights and secure the best possible outcomes.

Experienced Lawyers for Your Aggravated DUI Case

Scheer, Montgomery & Call, P.C. has been serving Chatham, Bulloch, Liberty, and Effingham Counties since 2009. Over the years, our law firm has built up a strong record of success. We are also proud of the reputation we’ve gained for straightforward honesty. We are candid with clients about their situation, and when we take a case, we genuinely believe there’s a way we can help you.

When you come to us for help, we will thoroughly evaluate the state’s case to look for discrepancies in the evidence. Our attorneys are also skilled negotiators who work diligently to help clients resolve their legal issues, allowing them to resume their lives.

Contact our Savannah office today at (912) 233-1273 to schedule a free consultation, and we will begin working on your case.