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Aggravating Factors For New Jersey DUIs


Each DUI is slightly different. Some drivers get into single-vehicle crashes after driving intoxicated. Some don’t even crash at all, and are simply stopped by police on a routine traffic stop. Others injure motorists as a result of their intoxicated driving, and some of these drivers even attempt to flee the scene of the crash. It’s important to assess all of these various factors when you have been charged with a DUI, as they can have a tremendous effect on your potential legal consequences. These are typically referred to as “aggravating factors.”

If you have been charged with an aggravated DUI in New Jersey, it is in your best interests to get in touch with a qualified, experienced criminal defense attorney as soon as possible. An aggravated DUI is much more serious compared to a “normal” DUI, and you face considerable legal consequences as a result. Fortunately, you can mitigate these potential consequences in the most efficient way possible by connecting with a defense attorney as soon as possible.

Blood-Alcohol Content 

The first thing you need to be aware of is your blood-alcohol concentration. If this number was higher than 0.15 when you were stopped by the police, you will face an aggravated DWI charge. Regardless of whether you were driving dangerously or whether you caused an accident, you will always be charged with an aggravated DWI if you have a BAC of over 0.15. Additional penalties may occur if you have a BAC of over 0.18, and you could face aggravated penalties even if you have a BAC of over 0.10. While this will result in a misdemeanor charge for the first offense, you face felony charges if you commit a second offense within ten years of the first.

Causing an Accident 

You will also face an aggravated DWI if you cause an accident while driving intoxicated. This is especially true if the accident resulted in serious injury or death. In this situation, you will more than likely face additional charges, such as manslaughter, reckless driving, and more. This means that your legal consequences could be incredibly severe. Things can get even more serious if you fled the scene of the crash without waiting for the authorities to arrive.

Other Aggravating Factors 

Here are some other aggravating factors:

  • Refusal to submit to a breathalyzer test
  • Driving intoxicated in a school zone
  • Having a minor in the vehicle
  • Prior DWI offenses

If you have committed any of these offenses, you can still strive for the best possible outcome with the help of an attorney.

Enlist the Help of a Qualified Attorney Today 

For help from a skilled New Jersey criminal defense attorney, contact Phillip J. Murphy. Over the years, we have helped numerous defendants fight DUI charges, and we can help you strive for the best possible outcome. Regardless of aggravating factors, it doesn’t make sense to simply accept needless excessive penalties. Book your consultation today, and we can go over your legal options together.

Contact Our Firm

Phillip J. Murphy,
Attorney At Law
Free Consultations Calls Answered and returned 24/7 Phone: (845) 639-6600 Fax: (845) 639-6620

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10 Esquire Road, Suite 10
New City, New York 10956

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Phillip J. Murphy, Attorney At Law is located in New City, New York and serves clients in and around New York, New Jersey & Connecticut. Contact our experienced criminal defense law firm.
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