Generally, the severity of the penalty for DUI crimes depends, in part, on the alleged offender’s BAC at the time of their arrest. In other words, most states impose stricter punishments for what are considered “aggravated” DUI crimes, which is usually defined by a BAC level above a certain limit.…
Articles Posted in Aggravated DUI
Utah Proposes an Increase in Penalties for DUI-Related Fatalities
Most states impose significant penalties for fatal car accidents caused by intoxicated drivers. in hopes of reducing the likelihood of such collisions occurring, the Utah legislature is contemplating increasing the minimum mandatory penalties for DUI fatalities. DUI-related laws are nothing new to the Utah legislature, as they recently passed laws…
Peoria Man Sentenced to 31 Years in Prison Following Fatal DUI Crash
In Illinois, the punishment imposed for a DUI conviction depends, in part, on whether the defendant caused any other person to suffer bodily harm. For example, a defendant involved in a fatal DUI crash will most likely be charged with aggravated DUI, which carries a mandatory penalty of three years…
New York Considers Modifying DUI Statute
In every state except Utah, the blood alcohol concentration (BAC) limit for per se DUI crimes is 0.08. Some states, however, recently introduced legislation to lower the BAC limit for per se violations of DUI laws to 0.05. Washington state recently contemplated a measure to reduce the per se DUI…
Could a Defendant be Charged with Second-Degree Murder in a DUI Case in Illinois?
It is not uncommon for intoxicated drivers to cause collisions, and many DUI related accidents are fatal. Thus, a person may not only be charged with a DUI crime but other, more serious, offenses. Whether a fatality caused by a drunk driving accident constitutes murder, however, is unsettled throughout the…
Could a Misdemeanor DUI Conviction in Illinois be Grounds for Loss of Gun Rights?
Many people convicted of criminal offenses lose their right to own firearms. While all criminal charges are a cause for concern, only convictions for serious crimes will result in the loss of the right to own a weapon, but what constitutes a serious crime is not always clear. Recently, a…
Wisconsin Proposes a Minimum Mandatory Sentence for DUI Related Deaths
Penalties assessed for a DUI conviction vary depending on the severity of the charge and any harm allegedly caused during the commission of the crime. In some states, such as Wisconsin, there is no mandatory minimum sentence for a driver that causes a fatal accident while intoxicated. This is poised…
Texas Court Overrules Use of Deadly Weapon Finding in DUI Case
In most states, if a motor vehicle collision caused by an intoxicated driver results in the death of one or more people, the intoxicated driver may be charged with a more serious crime than a simple DUI. Recently, a Texas court evaluated whether a person who causes an accident driving while…
California Court Sentences a Defendant to Thirty Years in Prison for Second-Degree Murder Following a DUI Accident that Killed 6 People
In most if not all states, a DUI is a misdemeanor charge. Many states, however, also allow the state to increase the severity of a DUI charge and penalties if certain factors are present. In cases where driving under the influence of alcohol results in an accident that causes bodily…
Maine Supreme Court Rules Extrinsic Evidence Can Be Used to Establish Enhancing Factors for an Aggravated DUI Charge
Under Illinois DUI law, whether a DUI is charged as a misdemeanor or felony depends in part on whether any enhancing factors exist such as whether the defendant committed any prior violations of the DUI statute. While the Supreme Court of Illinois has definitively stated a previous conviction of the…