Criminal Defense Lawyers

Enhanced DUI Lawyers

Enhanced DUI Lawyers: Your Best Defense Against Harsh Penalties

Getting arrested for driving under the influence (DUI) is scary enough on its own. But in some cases, the charges can be enhanced, meaning even harsher penalties. That’s why it’s so important to have an experienced DUI lawyer on your side if you’re facing enhanced charges. Keep reading to learn more about enhanced DUIs and how the right lawyer can help.

What Are DUI Enhancements?

A standard, first-time DUI conviction already comes with some pretty tough consequences – fines, license suspension, DUI classes, probation, etc. But under certain circumstances, the D.A. can choose to “enhance” the charges, meaning the penalties become even more severe.

Some of the most common DUI enhancements include:

• High BAC – If your blood alcohol content (BAC) is .15% or higher, you may face enhanced charges. This is over twice the legal limit of .08%.
• Injury – If you injured or killed someone while driving drunk, the DUI becomes a felony.
• Speeding – Driving over the speed limit while intoxicated leads to an enhanced DUI.
• Refusing Chemical Test – Declining a breathalyzer or blood test triggers an enhancement.
• Child Endangerment – Driving drunk with a minor under 14 years old in the car enhances the charges.
• Multiple Offenses – Getting another DUI within 10 years of a prior conviction leads to extra penalties.

The punishments for an enhanced DUI depend on the specific circumstances but can include:

• Longer jail sentences – Enhancements often come with mandatory minimum jail time. For a second offense DUI within 10 years, you may serve 90 days to 1 year.
• Larger fines – Fines for a standard DUI are around $390-$1000. With enhancements, fines can exceed $5000.
• License suspension – An enhanced DUI can lead to a license suspension of 1-4 years.
• Ignition interlock device – You may need to install this expensive breathalyzer device in your car for up to 4 years.
• DUI school – You’ll likely have to complete a longer DUI program, like 18-30 months instead of 3-6 months.
• Probation – Supervised probation may last up to 5 years for an enhanced DUI.

The consequences are no joke. Having an experienced lawyer in your corner could make all the difference.

How Can a Lawyer Fight DUI Enhancements?

When you’re facing enhanced DUI charges, the deck seems stacked against you. The prosecution likely has solid evidence of aggravating factors like a high BAC reading or an injury accident.

But an skilled DUI attorney has ways to combat the enhancements and potentially get charges reduced. Here are some of their most effective tactics:

Contest the chemical BAC test – Many enhancements hinge on blood or breath test results showing a BAC over .15%. A lawyer can challenge the validity of the test – was the machine calibrated properly? Was there a testing protocol violation? This can create reasonable doubt about your true BAC.

Negotiate a plea bargain – An experienced lawyer has relationships with prosecutors and can negotiate a plea deal for a lesser offense. Pleading to a “wet reckless” or first-offense DUI avoids enhancements.

Dispute aggravating circumstances – Certain enhancements like injury or child endangerment involve subjective interpretation. A lawyer can argue your actions didn’t actually warrant enhanced charges.

Point out improper police procedures – If the officer didn’t follow protocol during your DUI arrest, it could make the entire case invalid. A lawyer can leverage this to avoid enhancements.

Present mitigating factors – Your lawyer can point to mitigating circumstances like no prior DUIs or your efforts at rehabilitation to sway the judge to go easy on sentencing.

While DUI enhancements are serious, don’t assume you’re doomed. A knowledgeable lawyer can strategically attack the prosecution’s case and win a better outcome for you.

Why You Need an Experienced DUI Lawyer

Some people mistakenly think any old lawyer can handle a DUI case. But DUIs are complex, and enhanced DUIs even more so. You want a lawyer with specific experience fighting DUI charges. Here’s why it matters:

They know DUI laws inside out – An experienced DUI attorney understands all the nuances of DUI laws – both standard DUIs and enhanced offenses. They know what strategies are most effective.

They’ve handled DUI cases like yours – A lawyer who regularly deals with enhanced DUIs knows how to approach the unique complexities. One who only handles standard DUIs may be at a loss.

They have relationships with court players – Seasoned DUI lawyers have worked with the prosecutors, judges, and staff many times. This facilitates better plea bargains and sentencing.

They can anticipate prosecution tactics – A DUI lawyer knows all the tricks prosecutors use to nail people with enhancements. They can see them coming and respond effectively.

They understand the system – Navigating the courts for a DUI is confusing. An experienced lawyer guides you through the process smoothly.

They can find weaknesses in the prosecution’s case – DUI cases often have holes if you know where to look. An expert DUI attorney can effectively exploit any weaknesses.

Don’t leave your fate in the hands of an inexperienced lawyer. Find one who specializes in DUI defense and has successfully fought enhancements before.

Key Questions to Ask When Hiring a DUI Lawyer

Not all DUI lawyers are equal. You want one who is truly knowledgeable and can effectively fight for you. Ask these key questions when researching lawyers to handle your enhanced DUI charges:

• How long have you been practicing DUI defense specifically? Look for 10+ years experience.
• What percentage of your overall caseload is DUI defense? It should be at least 50%.
• Are you familiar with the typical prosecutors and judges in my jurisdiction? You want someone who regularly deals with the court players who will be involved in your case.
• Have you handled enhanced DUI cases similar to mine before? Ask for specifics on experience with cases like high BAC, injury, child endangerment, etc.
• What are some strategies you use to fight DUI enhancements? Gauge their expertise in challenging chemical test results, negotiating pleas, and other tactics.
• What are my options for plea bargains or reduced sentencing? A knowledgeable lawyer will explain possible ways to mitigate enhancements.
• What are possible outcomes for my specific case? An experienced lawyer can provide insight on potential penalties you realistically face.
• What will your representation cost? Get fee details upfront so there are no surprises.

Don’t put your future in the hands of just any DUI attorney. Vet them thoroughly and choose one with proven experience successfully defending cases like yours.

Case Study: How One Enhanced DUI Lawyer Won His Client’s Case

To really understand the power of an experienced, strategic DUI lawyer, let’s walk through a real case example:

Kathy was arrested for DUI after rear-ending another car. The other driver was injured and had to be hospitalized. Kathy’s BAC was .17%, over twice the legal limit. She was charged with a DUI causing injury, plus enhancements for the high BAC and excessive speeding. She faced years in jail.

Kathy hired Scott, a DUI defense attorney with over 20 years experience. He immediately got to work exploiting weaknesses in the prosecution’s seemingly airtight case:

He disputed the BAC results – Scott subpoenaed maintenance records for the breathalyzer used to test Kathy’s BAC. It showed the machine had not been calibrated properly for months. This created doubt about the .17% reading being accurate.

He argued Kathy was not at fault for the accident – Scott hired an accident reconstruction expert. Their analysis showed the other driver was texting and illegally changed lanes immediately before the crash. This meant Kathy’s intoxication may not have actually caused the injuries.

He presented mitigating circumstances – Scott showed the judge proof of Kathy’s otherwise clean record, her extreme remorse, and her voluntary enrollment in rehab. This helped humanize Kathy and not just see her as a “drunk driver”.Thanks to Scott’s vigorous defense, the prosecution offered a plea deal to a reduced wet reckless charge and dropped the enhancements. Kathy avoided jail time and only had to attend DUI classes.

This real case shows how the right legal strategy can overturn seemingly airtight enhanced DUI charges. Don’t go into your enhanced DUI case defenseless – hire an expert like Scott to even the odds.

Don’t Gamble Your Future – Contact a DUI Lawyer Today

Being arrested for DUI is scary. Being arrested for an enhanced DUI feels downright terrifying. But you don’t have to leave your fate to chance. An experienced DUI defense attorney can help you navigate this challenging time and achieve the best possible outcome.

Don’t wait and hope the charges will go away or the penalties won’t be severe. Take action now. Search for lawyers with proven experience successfully defending enhanced DUI cases similar to yours. Interview them thoroughly to choose the best one. Then let them take the wheel of building your defense strategy.

With an expert DUI lawyer guiding you, there are always options and hope, even when the charges seem their most severe. So pick up the phone and call a lawyer today. Your future is too important to leave to chance!