An aggravated DUI is more than an ordinary drunk driving charge. Since most criminal cases consider the circumstances surrounding the offense, aggravating factors make them more serious. It means that an aggravated DUI charge carries stiffer penalties.
Below are some instances where a person could find themselves confronted with aggravated DUI charges.
Extremely high BAC levels
While a standard DUI charge can be triggered by a blood alcohol content (BAC) of 0.08%, you could be charged with aggravated DUI should your BAC levels be higher than 0.16%.
Refusing to submit to a chemical test
In New Mexico, once you obtain your driving license, you give implied consent to have your blood or breath tested for alcohol should law enforcement request a BAC test. If you refuse to undergo such a test, you could be looking at aggravated DUI charges if the court finds you guilty of driving under the influence.
Causing bodily harm while drunk driving
If you hit and injured another person while driving under the influence, you will likely be facing aggravated DUI charges.
The importance of a sound defense of your charges
Any type of DUI charge can be consequential, but with an aggravated charge, there is much more to lose, depending on the facts of your case. You could be looking at time in jail and steep fines, not to mention the after-effects of a conviction which could negatively affect your quality of life.
Therefore, in your best interests, you should have a solid defense strategy to ensure a more favorable outcome in your case. Exploring all the aspects of your case means that any discrepancies in the prosecution’s case can be uncovered.