Pittsburgh Aggravated-DUI Lawyers Assist Drivers in Legal Jeopardy

Providing strong representation when special circumstances invite enhanced penalties

The term “aggravated DUI” describes a charge that allows for enhanced penalties if authorities can prove particular facts that make the offense worse than a standard violation. These facts may have to do with the level of intoxication, the harm inflicted on others or the defendant’s prior record. Even when prosecutors have probable cause to charge an aggravated DUI, it might be possible for a skilled DUI defense lawyer to bring the charges down to a standard DUI or to defend successfully against the core DUI offense. 

For these reasons, you should not be manipulated into a plea agreement. A skilled defense attorney at Phil DiLucente & Associates, LLC in Pittsburgh is ready to help you with fighting DUI charges. For decades, we have provided vigorous representation that protects our clients’ rights and delivers positive results. 

What is an aggravated DUI in Pennsylvania?

An aggravated DUI charge can be based on a number of factors, such as the following: 

• High-Rate DUI — Because it is more dangerous to drive with an extremely high blood alcohol concentration (BAC), drivers who test at .10 percent or higher can be charged as High-Rate DUI, which carries greater penalties. Even more severe penalties can result for Highest-Rate DUI, which is based on a BAC level of .16 percent and over. A DUI lawyer may be able to challenge the test results based on faulty performance of testing equipment or on improper testing procedures. 
• Injury accidents — If an impaired driver causes an accident that inflicts injuries on another person, authorities can charge aggravated DUI. Fortunately for the defendant, the prosecutor must prove this element beyond a reasonable doubt, not simply by a preponderance of the evidence as in a car crash lawsuit. The DUI defense attorney can seek to raise reasonable doubt about whether the impaired driver caused the crash. 
• Impaired driving with a minor passenger — Because the Commonwealth has an interest in protecting the welfare of minors, an impaired driver transporting a passenger less than 18 years-old faces a fine of at least $1,000 and 100 hours of community service for a first DUI; a fine of at least $2,500 and one to six months in jail for a second DUI; and six months to two years in jail for a third or subsequent DUI.
• Repeat offense — A second or subsequent DUI conviction exposes a defendant to the risk of enhanced jail time and higher fines. Pennsylvania has a look-back period of 10 years, which included DUI convictions from other states. In certain cases, a driver might be able to have that prior offense downgraded or expunged, so the present charge would count as a first-time DUI.

If your attorney can raise reasonable doubt about the aggravating factors, the charges might be reduced. From there, your attorney can attempt to resolve the underlying DUI charge.

Can aggravated charges disqualify a driver from Accelerated Rehabilitative Disposition?

Drivers accused of DUI can often avoid jail time through Pennsylvania’s Accelerated Rehabilitative Disposition (ARD). This diversionary program also allows a conviction to be expunged, thereby giving the driver a clean slate in terms of DUIs. Unfortunately, facts that permit an aggravated charge also disqualify a driver from ARD.

Drivers can qualify for ARD only if:

• The case is their first DUI offense within 10 years.
• There were no deaths or serious injuries other than to the defendant.
• The accused had no passengers under the age of 18. 

Therefore, the only way you can qualify for ARD is by your attorney casting sufficient doubt on the aggravating factors. This is yet another reason to retain an experienced DUI lawyer who can mount a vigorous defense on your behalf.

Contact an experienced Pennsylvania lawyer for a free aggravated DUI defense consultation 

Phil DiLucente & Associates, LLC defends Pennsylvania motorists charged with aggravated DUI offenses. Please call 1.800.GET.PHIL or contact us online to schedule a free consultation at our Pittsburgh office.