If you've been charged with an "Aggravated DUI" in Michigan, there may be additional factors that affect your outcome
These additional factors are known as “aggravating circumstances” that can greatly affect the penalties you are facing.
There are a multitude of factors that can affect the outcome of your Michigan DUI charge. Is this a first offense, a second offense or is this an allegation of Michigan DUI felony? Some aggravating factors can result in not just a jail sentence, but a more serious prison sentence of one to five years or longer. If your Michigan DUI arrest involves an allegation of a death or serious bodily injury, punishments can include up to 15 years in prison if convicted.
Aggravating circumstances can include:
- Michigan child endangerment in which, in addition to the allegation of DUI, there was a minor child in the automobile at the time of the arrest.
- Michigan Driving While License Suspended or Revoked (DWLS) can aggravate your case, even if the reason for your license suspension was for something as simple as failing to pay a minor ticket.
- Michigan Driving without Automobile Insurance
- Possession of narcotics (such as marijuana) or other contraband at the time of your Michigan DUI arrest
- Possession of a firearm or other weapon at the time of your Michigan DUI arrest.
- Resisting or Obstructing the Police at the time of your Michigan DUI arrest.
These “aggravating circumstances” (and many others not listed) can significantly rack up the consequences of your Michigan DUI charge. A highly qualified Michigan DUI defense attorney will know how to confront and overcome these aggravating circumstances.
Aggravating circumstances can cause a judge to take a very dim view of your conduct. The judge is not just limited to sentencing you to a period of incarceration, he/she may also require you to perform community service. Additionally, you can be made to enroll in a lengthy and expensive substance abuse treatment program. More serious Michigan DUI offenses can subject you to a lifetime driver’s license revocation. Lesser driver’s license revocations are typically for a minimum period of one year. At the end of the minimum period of revocation, you can request a Michigan driver’s license reinstatement hearing. However, if your reinstatement hearing is unsuccessful you must then wait a full additional year before you can request a new reinstatement hearing.
The consequences of a Michigan aggravated DUI are incredibly serious. A conviction for Michigan DUI will result in a criminal record that lasts a lifetime. A Michigan DUI conviction cannot be erased or expunged at a later date. Employers conducting a criminal background check will be made aware of your conviction, even if the background check is conducted many years in the future.
It is critical that you hire an experienced and qualified Michigan DUI defense attorney to assist you in arriving at a favorable outcome. A well-chosen defense attorney will thoroughly investigate your case and can develop strategies to challenge the facts and circumstances of your arrest and blood alcohol (BAC) results. There may also be constitutional issues surrounding your arrest, such as illegal search and seizure (4th Amendment) or lack of probable cause at the time of arrest.
If you have been charged with a DUI in Michigan and there are aggravating circumstances, there is a great deal at stake. DUI Lawyer Richard I. Lippitt has the experience and knowledge that is required to confront your case. Mr. Lippitt employs a vast network of scientific and blood experts who can potentially challenge your Michigan DUI arrest. Additionally, Mr. Lippitt possesses the legal scholarship necessary to develop potential constitutional challenges of your Michigan DUI arrest.
If you've been arrested for DUI, DWI, or OWI, call me. I've helped hundreds of people stay out of jail, avoid penalties, and protect their rights, and I can help you.
For a FREE Consultation Call (248) 921-7164