What You Need to Know About Aggravated DUIs

An aggravated DUI is a serious charge where a person who is driving under the influence of alcohol or drugs causes an accident involving another person(s) who was seriously injured or killed as a result. These cases can also be called “vehicular manslaughter,” “vehicular homicide,” “homicide by vehicle,” and “serious injury by vehicle.”

In the state of Georgia, an aggravated DUI is considered a felony offense in almost every instance, and to be convicted of such a charge there must be evidence that the driver was under the influence of alcohol or drugs when operating the vehicle. It is up to the prosecution to prove that alcohol or drugs impaired the driver and that this impairment caused severe injury or death to another person – either those inside the vehicle or other drivers or pedestrians.

Aggravated DUI charges are the most severe kind and require experienced, highly skilled attorney’s to defend them. As well as DUI that causes injury or death, there are other circumstances where a DUI could be elevated to an aggravated charge. These include:

DUI Leaving the Scene. Commonly referred to as a “hit and run,” if the driver flees the scene and does not stop or call for aid after being involved in an accident, they are breaking the law and will be charged with an aggravated DUI offense.

DUI with Prior Offenses. The more times a person is convicted of DUI, the more likely they will end up facing an aggravated DUI charge. If you have previously been arrested for driving while under the influence and you are then arrested for a second time under the same charge, this time you could be convicted of an aggravated offense and punished accordingly. Additionally, a third DUI in fewer than 10 years is a high and aggravated misdemeanor, while a fourth in the same time period is a felony.

In Georgia, a person convicted in a DUI charge where a child under the age of 14 is a passenger in the car could also become an aggravated DUI charge, especially if an accident took place. Also, a DUI with a minor child in the vehicle may also be charged with child endangerment.

Penalties for aggravated DUI

Being convicted of an aggravated DUI will result in a prison sentence between 2 and 20 years. However, in cases where a person died in an accident, a charge of manslaughter or murder may be brought against you which could result in a life sentence.

If you or someone you know has been charged with an aggravated DUI, it is imperative that you hire a skilled and experienced attorney to help you. The lawyers at Pak & McRae can provide you with the best defense. Contact us at (678) 632-5298 for a free consultation today.

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Pak & McRae Law

At Pak and McRae Law, LLC we provide straightforward, sincere criminal defense for local, state, and federal matters. Our team includes a former Assistant District Attorney, so we understand how prosecutors approach cases and will use those insights to benefit your case.

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