People in Washington commit the crime of aggravated DUI if they operate a motor vehicle with a blood alcohol concentration (BAC) of .15% or higher. People guilty of aggravated DUI will receive steeper DUI penalties than normally imposed for DUIs involving a BAC of below .15%. If you have been arrested for driving while intoxicated, it is critical for you to contact a skilled DUI attorney now for help.
What is Aggravated DUI?
DUI offenders are guilty of aggravated DUI if they:
- have a BAC of .15% or more while operating a vehicle, or
- unlawfully refuse a chemical test.
In Washington, a motorist can get a “normal DUI” for driving or being in actual physical control of a vehicle:
- while under the influence of alcohol or drugs,
- with a BAC of .08% or more, or
- with a THC concentration of 5 nanograms (ng) or more per milliliter of blood.
What are the Penalties?
Offenders guilty of aggravated DUI will receive more severe penalties than those imposed for a normal DUI. A first-time normal DUI is punishable by:
- custody in jail for up to one year, and/or
- possible fines of up to $5,000.
For an aggravated DUI conviction, the minimum jail time will generally be doubled, and the fine range increased.
Note that people convicted of DUI can face additional penalties, like:
- a driver’s license suspension,
- completion of alcohol awareness courses, and
- house arrest.
Can a Defendant Raise a Legal Defense?
Yes. People charged with aggravated DUI can challenge the charge with a legal defense. A common defense is for defendants to show that:
- they did not refuse a chemical test, or
- their BAC was below .15%.
Defendants can also contest a charge by showing that the police did not have probable cause to stop them prior to their DUI arrest. If no probable cause, then a judge could dismiss a DUI charge in its entirety.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a DUI charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced DUI attorneys at Black & Askerov have over 30 years of combined experience defending clients on DUI and alcohol/drug related charges. Our Seattle criminal defense lawyers have the skill and commitment that makes all the difference in these cases. Our attorneys will fight tooth and nail for you at every step of your case. Contact us now to get the legal help you deserve!