Irvine Aggravated DUI Lawyer

What is Considered an Aggravated DUI in California?

Under California law, a standard DUI charge becomes an aggravated DUI when certain aggravating factors exist that make the offense more dangerous or egregious. These factors typically involve behavior that increases the risk to public safety or involves repeat offenses.

Common aggravating circumstances include:

• High Blood Alcohol Concentration (BAC): If your BAC is 0.15% or higher, this can be considered an aggravating factor.
• Prior DUI Convictions: Multiple DUIs within a 10-year period can result in felony charges.
• DUI with Minor in the Vehicle: Driving under the influence while transporting a child under 14 can trigger enhanced penalties.
• Excessive Speed or Reckless Driving: Driving more than 20 mph over the speed limit on a surface street or 30 mph on a highway while intoxicated can be classified as aggravated.
• DUI Resulting in Injury or Death: If the DUI causes bodily harm or fatalities, it may be charged as a felony and result in prison time.
• Refusal to Submit to a Chemical Test: Refusing a breath or blood test may lead to increased penalties.
• Driving with a Suspended or Revoked License: Especially if the suspension was related to a prior DUI.

Each of these circumstances can significantly impact how your case is prosecuted and the penalties you may face.

Penalties for Aggravated DUI

Aggravated DUI convictions in California carry much more severe consequences than a standard first-time DUI. The exact penalties vary depending on the specific aggravating factors and whether the offense is charged as a misdemeanor or felony.

Here are potential penalties for an aggravated DUI:

• Increased Jail or Prison Time: Up to 1 year in county jail for misdemeanor aggravated DUI, or 16 months to 4 years in state prison for felony DUI (especially in injury or death cases).
• Longer License Suspension: Suspension or revocation of your driver’s license for 1 to 5 years depending on prior offenses or injuries involved.
• Higher Fines and Fees: Fines can range from $2,000 to $10,000 once court costs and DUI program fees are included.
• Mandatory DUI Education Programs: Enrollment in an alcohol or drug education program, potentially up to 30 months long.
• Probation and Community Service: Probation of 3 to 5 years with conditions such as abstaining from alcohol and attending regular check-ins, as well as possible community service or CalTrans roadside work.
• Ignition Interlock Device (IID): Required installation of an IID on your vehicle for a period of 12 to 48 months.

Because of these heightened consequences, securing the assistance of a skilled Irvine aggravated DUI lawyer is crucial to minimizing the impact on your future.

Aggravated DUI FAQs

Is an aggravated DUI a felony in California?
Not always. Some aggravated DUI charges—such as high BAC or refusal to test—may still be charged as misdemeanors. However, cases involving injury, multiple prior DUIs, or child endangerment are often prosecuted as felonies.

Can I fight an aggravated DUI charge?
Yes. With the help of an experienced Irvine aggravated DUI lawyer, you may be able to challenge the legality of the traffic stop, the accuracy of BAC testing, or the presence of aggravating factors. Every detail matters.

What happens if I refused a breath or blood test?
Refusal can lead to increased penalties, including a longer license suspension and enhanced sentencing. However, refusal cases are complex and may involve procedural errors that can be challenged in court.

Will I lose my license automatically after an aggravated DUI arrest?
If you’re arrested for DUI in California, the DMV typically initiates an administrative suspension within 30 days. You have 10 days to request a DMV hearing to contest the suspension. We can help represent you at this hearing.

What if my DUI caused an accident with injuries?
DUIs causing injury are typically charged under Vehicle Code 23153 VC and are usually prosecuted as felonies. These charges may include sentence enhancements and substantial restitution obligations.

Contact an Experienced Irvine Aggravated DUI Attorney Today

An aggravated DUI charge can impact your job, finances, family life, and even your freedom. Don’t leave your future to chance. The sooner you get legal representation, the better your chances of protecting your rights and minimizing the penalties.

At Braden & Tucci, we are ready to evaluate your case, identify weaknesses in the prosecution’s evidence, and build a strong defense strategy on your behalf.

Call (949) 996-0170 or contact us online today for a confidential consultation with a seasoned Irvine aggravated DUI lawyer.