An aggravated DUI charge in Michigan is a more serious offense than a basic OWI. You may face these more serious charges if there are aggravating circumstances that make it a severe situation. This offense is also referred to as the "super drunk" law in Michigan because it applies to offenders who have a BAC of 0.17% or higher. Other aggravating factors can also result in the charge, including causing serious injuries or death, having a minor in the vehicle, and possessing firearms.
Penalties for an aggravated DUI are often harsher to match the severe nature of the situation. That's why it's crucial to hire experienced criminal defense attorneys with a proven track record of handling aggravated OWI 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:
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 PenaltiesIn 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 ConsequencesThese 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.
Legal Defenses Against Aggravated DUI ChargesDeveloping a successful defense strategy can be more challenging for serious OWI charges, but Barone Defense Firm has plenty of strategies to use. Possible legal defenses include:
Our legal experts explore every possible angle when building a personalized defense strategy based on your situation. We examine all evidence and work with expert witnesses to find weaknesses in the case that can result in an innocent verdict or reduce the consequences you face.
Why Choose Barone Defense Firm for Aggravated DUI Defense?When you're facing aggravated drunk driving charges, you need the best possible defense to win back your life. Barone Defense Firm helps you do that with a legal team that specializes in severe OWI cases and fights aggressively for you.
Our criminal defense attorneys have fought many aggravated OWI charges successfully, using personalized defense strategies based on the facts of the case. We're proud of our long track record of having aggravated DUI charges dismissed or reduced, resulting in less severe penalties.
Michigan DUI Attorney Near YouNo matter where you live in Michigan, you can receive legal representation from Barone Defense Firm. All our experts have a deep knowledge of Michigan OWI laws, including aggravated OWIs, regardless of where in the state your case takes place.
Because we work with clients across the state, we're familiar with the differences in the way each court works, and we have relationships with judges and prosecutors. This helps us anticipate challenges we might face and allows us to modify our defense strategy to get you the best possible results.
Our service area includes cities across the state, including Rochester, Grand Rapids, Troy, Holland, Birmingham, Grand Haven, Plymouth, Hudsonville, Royal Oak, Bloomfield Hills, Novi, Ann Arbor, and Farmington Hills.