In New Mexico, an aggravated DUI is a more severe form of driving under the influence (DUI) offense. It involves specific factors that increase the penalties compared to a standard DUI charge. Understanding what constitutes an aggravated DUI can help you know the serious consequences you might face if charged.
What makes a DUI aggravated?
An aggravated DUI typically occurs when certain factors are present. These factors include having a blood alcohol concentration (BAC) of 0.16% or higher, being involved in a DUI-related accident, or having a prior DUI conviction within the past 10 years. If any of these conditions apply, the DUI charge may be considered aggravated, resulting in harsher penalties.
What are the penalties for an aggravated DUI?
The penalties for an aggravated DUI can be severe. If convicted, you could face mandatory jail time, hefty fines, and an extended driver’s license suspension. The sentence will depend on the specifics of the case, such as prior offenses, BAC level, and whether anyone was injured in the incident. Aggravated DUI charges also carry mandatory alcohol education and treatment programs.
How can you defend against an aggravated DUI charge?
There are several defenses available in an aggravated DUI case. You might argue that the police did not have probable cause to stop you or that the breath test was inaccurate. Additionally, you could challenge the procedures used during the arrest or assert that you were not intoxicated at the time of the stop. A strong defense could help reduce or even dismiss the charges against you.
Facing an aggravated DUI charge can lead to serious consequences. It’s important to understand the factors that elevate a DUI to an aggravated offense and the potential penalties you may encounter. Taking action to defend your case may help reduce the impact of the charges on your life.