Driving under the influence (DUI) charges are often misdemeanor offenses. However, specific factors can lead to aggravated DUI charges that can carry more significant penalties. In some cases, impaired driving allegations can lead to felony criminal charges. Prosecutors can pursue aggravated DUI charges in circumstances in which allegedly an impaired motorist caused a crash that injured others or caused someone’s death.
Those accused of causing a collision while under the influence that harmed others could face Class 4 felony charges that involve particularly severe consequences. Defendants could serve three years in prison or more and pay $25,000 in fines. How can people respond to DUI charges when the state accuses them of causing injury or death?
By challenging state evidence
One of the most common strategies for fighting basic DUI charges can work in aggravated DUI cases as well. If there are issues with the state’s evidence, a defense attorney may be able to raise a reasonable doubt about whether someone broke the law.
Perhaps there are medical issues that could explain why someone failed a test. There may have been inappropriate delays before testing that raise questions about the driver’s chemical state at the time of the crash. Maybe the police officer violated the driver’s rights when responding to a press report.
Reviewing the conduct of police officers and the circumstances leading to an arrest can potentially provide the basis for a DUI defense. Even issues with device calibration records could help a defendant plan a defense strategy.
By negotiating a plea bargain
Sometimes, prosecutors may agree to reduce the charges against an individual in return for a guilty plea. The plea-bargaining process can help people avoid felony convictions and can limit the penalties that the courts impose. Individuals who do not have a straightforward defense strategy available to them may benefit from instead having an attorney negotiate a plea bargain on their behalf.
Every DUI case is inherently unique. Reviewing the circumstances that led to a DUI arrest can help drivers evaluate different potential defense strategies. Even those accused of causing harm to others may be able to avoid criminal convictions with the right strategy.