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Not all DUI cases are the same. Aggravating factors in Bloomington DUI cases could increase the severity of the charges. Such factors could include high blood alcohol content (BAC), prior DUI convictions, or having a child in the vehicle at the time of arrest.
If you have been charged with a DUI and there were aggravating factors, seek legal assistance from an experienced DUI defense attorney. Learning the facts about your situation and creating a defense strategy could make a difference in the outcome of your case.
A DUI has four different degrees, from fourth to first, with the first degree being the most severe. Aggravating factors can increase the degree of the DUI in Bloomington. Here is an overview of the various degrees:
First-degree DUIs have the most severe penalties, including up to seven years of imprisonment and fines of up to $14,000.
When a Bloomington driver’s BAC is especially high, they could get a DUI with aggravating factors. A person’s BAC can be tested with a breath, urine, or blood test. If the BAC is higher than 0.08 percent, they could be charged with a DUI in Minnesota. However, if the BAC is 0.16 percent or higher, they could get a DUI with aggravating factors. Commercial drivers are held to stricter standards than regular drivers. They could get charged with a DUI if their BAC is higher than 0.04 percent, and they could get aggravating factors more quickly, too.
If the person charged with a DUI in Bloomington had a prior DUI conviction within the last 10 years, it could be considered an aggravating factor. Instead of getting a fourth-degree DUI, the person could get a third-degree DUI, which has harsher penalties.
Having a child under the age of 16 in the vehicle at the time of a DUI arrest is an aggravating factor in Bloomington and throughout Minnesota. The child must be at least 36 months younger than the driver at the time of arrest. A 17-year-old driver with a 15-year-old friend in the car would not get aggravating factors, but a 30-year-old driver with a 9-year-old child in the car would get aggravating factors.
Refusing to submit to a BAC test, such as a breath, urine, or blood test, is considered a criminal offense. A person could get charged with a gross misdemeanor simply for refusing to submit to a test, even if there are no DUI charges. However, if the refusal to submit to a test accompanies another aggravating factor in a DUI charge in Bloomington, it could increase the degree of the charge. For example, if a person had one prior DUI conviction, the refusal to submit to a test could bump the degree up from third degree to second degree DUI.
A DUI conviction with aggravating factors could lead to serious consequences. It is very important that you consult with an experienced attorney who understands aggravating factors in Bloomington DUI cases. An attorney could explain your specific situation, how the aggravating factors could affect your case, and what you could do to possibly get your charges reduced.
You do not have to go through this alone. Schedule your initial consultation today.
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