Super Lawyers
Justia Lawyer Rating
Best Lawyers
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers

Aggravated DUI Charges

While the punishment for an operating while intoxicated (OWI) offense is stiff, you could face enhanced penalties if charged with an aggravated OWI. Factors that can lead to an aggravated OWI include:

  • Transporting a minor while under the influence
  • Having prior offenses
  • Having a high chemical test result
  • Causing death or serious injury
  • Driving with a suspended or revoked license
  • Driving without auto insurance
  • Possessing drugs
  • Possessing firearms

Other factors can also determine your punishment for an OWI. For example, while first and second offenses are considered misdemeanors, a third drunk-driving charge is considered a felony. Michigan currently has lifetime lookback, so if you have two prior offenses anytime in your life, you could be looking at a felony DUI. Then, instead of spending time in jail, you may be sentenced to a year or more in prison for a third offense. No matter what if you're convicted of felony drunk driving in Michigan, you're getting a minimum sentence of 30 days in jail.

Enhanced penalties also apply for causing an accident resulting in serious injury or death while intoxicated. With this offense you could spend up to 5 years in prison if convicted. The term "serious injury" is very broadly defined and can include things like small scars left after an accident, and almost any broken bone. When a death occurs, most judges will sentence a person to 5 – 7 years in prison.

Driving with drugs or firearms in the car can result in additional felony charges. If you don't have a concealed pistol license and have a weapon in the car you're looking at a five-year felony, and any time you get for this offense could be stacked with any time you get for the underlying offense.

Having a high BAC or having a child 16 or less in the car can also result in enhanced charges and additional time in jail, along with higher fines and costs. Plus, it only takes one child endangerment to raise a subsequent arrest to a felony. The cut-off for a high BAC super-drunk charge is .17. If your breath or blood test is .17 or greater you could be charged and convicted of a super-drunk driving, punishable by up to 180 days in jail and carrying enhanced driver license sanctions.

Please contact an experienced Michigan DUI attorney if you have been charged with an aggravated DUI.

Additional Penalties

In addition to incarceration, the judge may sentence you to perform community service, pay large fines, and complete an alcohol treatment program. You may also be subject to a lifetime driver's license revocation upon conviction. The only way to get your license reinstated is to win your license hearing after a year. If your attempt is unsuccessful, you will have to wait another year before contesting your revocation.

Collateral Consequences

These are not the only consequences you may face if convicted of an aggravated OWI. You will also be burdened with a criminal record for the rest of your life. Imagine the embarrassment you may experience if you apply for a job and are denied an offer because of a background check.

Help is Available

At the Barone Defense Firm, we have helped many citizens accused of OWI as well as aggravated OWI. Our lawyers are never content to let a client plead guilty, and we are prepared to fight for an acquittal. We can also attempt to negotiate with the prosecutor to reduce your charge or sentence.

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.