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The standard legal blood alcohol concentration is 0.08 percent for those over the age of 21. Driving under the influence, also known as DUI, is a serious crime in Minnesota. In some cases, a prosecutor could argue that there were aggravating factors that contributed to the DUI case. The presence of these factors can increase penalties and legal consequences if you are found guilty.
If you have been arrested for a DUI, understanding what may increase the severity of your charges is crucial. Aggravating factors in Minnesota DUI cases can escalate a DUI from a fourth-degree offense to a third, second, or first-degree offense. These factors can even take a misdemeanor case to a felony case. This is why it is crucial to hire a DUI defense attorney to identify any aggravating factors the prosecution may rely on and build the strongest defense possible.
If somebody is facing a DUI with previous convictions on their record, they may face more serious repercussions. This includes not only a previous DUI but also prior driver’s license revocations for DUI within the last ten years. While it is illegal to have a BAC of 0.08 percent or higher for drivers over the age of 21, having a BAC of 0.16 percent or higher at the time of the arrest can be an aggravating circumstance. Having a high BAC could lead to a longer license revocation or a mandatory ignition interlock device.
If somebody in Minnesota is caught driving under the influence with a child under the age of 16 years in the driver’s seat, this can be an aggravating circumstance. In fact, this issue is typically treated very seriously by prosecutors because it puts minors in harm’s way. For instance, a parent driving with their child in the back seat while impaired may face felony charges. Other potential aggravating factors include:
Your lawyer could review your case to determine if any aggravating factors are present.
Aggravating factors can increase the degree of a DUI charge. For instance, a fourth-degree DUI may have no aggravating factors and be charged as a misdemeanor. However, a single aggravating factor can increase the crime to a third-degree DUI. A second-degree DUI may have two or more aggravating factors, while a first-degree DUI is a felony that may encompass several aggravating factors or a series of several DUIs over the last ten years.
The possible consequences of a DUI with aggravating circumstances in Minnesota could include increased jail time, higher fines, and longer driver’s license revocation. Aggravating factors may also call for vehicle forfeiture, mandatory ignition interlock devices, and required alcohol treatment.
Hiring a skilled attorney can help establish a strong defense. The most common legal defense against DUI and aggravating factors in Minnesota is to challenge the accuracy of a BAC test. An attorney could also help fight back against unlawful traffic stops and issues regarding the validity of prior offenses used to establish aggravation.
A lawyer could be a great help in your DUI case. Not only could a lawyer investigate the specifics of your arrest and evidence, but they could also advocate for reduced or dismissed charges. Your attorney could also develop a strong defense strategy and provide guidance on complying with court orders.
DUI charges are serious. If you are facing criminal charges, consult with an experienced attorney to see the difference they can make in your case. Call today to schedule a consultation to discuss aggravating factors in Minnesota DUI cases and more.
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