I Was Charged With an Aggravated DUI in Cobb County- What Does that Mean?

Driving under the influence (DUI) is a serious offense in Georgia, but the situation can become even more severe when a person is facing charges of aggravated DUI. In most cases, these charges are levied due to high blood alcohol concentration (BAC), but this is not the only factor that can lead to more serious DUI charges. Read on to learn more about the potential consequences of an aggravated DUI accusation.

 High Blood Alcohol Content 

There are a number of different factors that can result in the aggravation of a DUI charge in Georgia, one of which is high blood alcohol content. In Georgia, as elsewhere in the U.S., driving with a BAC of .08 or higher is illegal. However, under our state’s law, a person can still be convicted of driving under the influence even if their BAC is lower than this as long as they were deemed “less safe” to drive. If, however, a driver’s BAC test is much higher, at .15 percent or more, he or she could face aggravated DUI charges, which can come with higher fines and more jail time.

 Prior DUI Convictions

 Another factor that can lead to aggravated DUI charges is having a prior DUI conviction on one’s record. In Georgia, repeat offenders often face “high and aggravated” misdemeanor charges. These types of charges don’t usually allow defendants to earn early release credits during their jail sentences and will disqualify them from DUI diversion programs. Furthermore, once a person has enough DUI convictions on his or her record, subsequent charges can be heightened from misdemeanors to felonies.

 Driving With a Minor 

Most first time DUI offenses are treated as misdemeanors and many defendants end up with more lenient fines and sentencing, receiving probation or community service in lieu of jail time. This, however, is rarely the case in situations where a person was driving under the influence with a passenger who was under the age of 18 years old in the car. In fact, this scenario can result in aggravated charges, as it is considered child endangerment. 

Causing an Injury or Property Damage 

Another factor that can lead to charges of an aggravated DUI in Georgia is when the accused causes injury or property damage to another person. In these cases, the accused could be disqualified from more lenient penalties and may face additional charges of reckless driving. Those convicted of driving with a minor while under the influence could also end up with a lifetime driving ban in the state.

Here to Help With Your Aggravated DUI Charges 

DUI charges should never be taken lightly, but offenses that include claims of aggravation should be given even more weight, as conviction could mean a longer prison sentence, a permanent license suspension, and much heftier fines. To learn more about how an experienced Cobb County DUI defense lawyer could help improve your own chances of having your aggravated charges reduced or even dismissed outright, please call Andrew L. Schwartz, P.C. at 678-853-2500 or reach out to our legal team via online message.

 Sources:

 gahighwaysafety.org/impaired-driving-laws/

law.justia.com/codes/georgia/2010/title-40/chapter-6/article-15/40-6-391