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Aggravating Factors in a Drunk Driving Case

Aggravating Factors in a Drunk Driving Case

If you are charged with a DUI, it is likely that it will be a misdemeanor charge. However, there are some cases in which the facts in the case will elevate the charge to a felony. These are referred to as aggravating factors, and they may involve extensive property damage or bodily injury to innocent victims.

Did You Hurt or Kill Someone While Driving Drunk?If you were involved in a car accident that resulted in serious injury or death to another person, you may face a felony DUI charge. This may be true if the person who you hurt was a passenger in the car with you or a pedestrian trying to cross the street. The charge may be upgraded in such a scenario even if you haven’t been convicted for drunk impaired driving lawyer Calgary in the past.

How Much Alcohol Was in Your System?

In many jurisdictions, you are considered to have an elevated blood alcohol level if your BAC is .16 percent or higher when taken into custody. To be considered legally drunk, you must have a blood alcohol content of .08 percent or higher. When you reach a blood alcohol content of .16 percent, you may not have much control over your body or have the ability to see or hear properly. Therefore, you are a much greater danger to yourself and to society when you are behind the wheel.

Was There a Child Riding With You?

You may think that you can get away with dropping your child off at school after you have a couple of drinks in the morning. The same may be true when you go to pick your child up from a friend’s house after you had a few drinks with dinner. However, if you are pulled over for drunk driving with a child in your vehicle, you could face serious penalties regardless of the other circumstances in your case.

Do You Have a Valid License?

If your license is suspended or revoked, you shouldn’t be driving at all. Therefore, you could face increased penalties if convicted for drunk driving even if you were just over the legal limit or no one else was hurt by your actions. If you have a restricted license, you should refrain from driving anywhere other than school, work or other approved locations until you get your full license back.

As a drunk driving charge can come with serious penalties, it may be a good idea to consult with an impaired driving lawyer Calgary. This person may be able to review your case and create a defense against your charges. Doing so may help you win your case or face reduced penalties through a plea bargain.

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