Impaired driving is a serious criminal offense and most states have a zero tolerance policy for DUI/DWI crimes. If you have been arrested for DUI, you should hire DUI Defense Attorney in San Rafael, CA, to beat the charges. Most of the time, a first-time DUI is beatable if you have a competent criminal law attorney by your side. Fighting a repeat DUI offense is usually more difficult, but your lawyer can still help you attain a favorable plea deal. A DUI conviction will go to your permanent criminal record, which may interfere with several aspects of your life, such as education, employment, and personal/social relationships.
A DUI offense can be classified as a misdemeanor or felony, depending on the extent of damage it instigates. A standard DUI that does not involve any damage to life or property would be charged as a misdemeanor. The punishment for a DUI offense depends upon the seriousness of consequences; a repeat DUI automatically leads to harsher penalties. The severity of a DUI is determined by the unique circumstances surrounding the crime, referred to as ‘mitigating’ and ‘aggravating’ factors.
Mitigating Factors
If a DUI offense is subject to one or more mitigating factors, the resulting penalties will reduce. In most cases, the offender may get the charges removed or reduced. Mitigating factors can be described as conditions or features that suggest that the burden of liability is low; hence, the alleged perpetrator should be spared or granted leniency. Sometimes, the DUI is converted to a minor traffic violation or infraction that prevents a criminal record. Your lawyer will assist you in gathering evidence that demonstrates mitigating factors. Examples of DUI mitigating factors include:
- No prior criminal convictions – law enforcement is more forgiving towards a person who has never violated state or federal laws before. It may suggest that the offender is a relatively responsible citizen and did not intend to be reckless.
- Flawless driving record – if you have never or rarely received a ticket for traffic violation, it proves that you are a good driver.
- BAC levels barely exceeded the threshold (0.08%).
- You were impaired due the effect of a legal drug that was prescribed to you by a doctor.
- You did not commit any major traffic violation.
- You cooperated with the police and maintained courtesy.
- You completed a DUI program and remained sober for a minimum of 60 days.
- Your driver’s license was never revoked in the past.
Aggravating Factors
If aggravated factors surround the DUI offense, conviction will ultimately lead to a prison sentence. Mitigating factors refer to situations or conditions that raise concerns about the offender’s character and intentions with respect to severe damages sustained in the event of the crime. A simple DUI offense is void of these factors, i.e. they are typically associated with DUI felonies. The offender requires strong defense or an equal number of mitigating and aggravating factors to turn the case in their favor. Examples of common aggravating factors include:
- Damage to life and/or property
- Excessive intoxication levels (BAC amounts to 0.15% or higher)
- Prior DUI and/or criminal convictions (within last 7 years)
- Driving on a suspended or invalid license
- Extreme speeding (30mph or more)
- Driving under the influence with a minor passenger (child endangerment)
- A poor or alarming driving record (multiple 4-point or higher point violations)
Don Hammond Is a Criminal Attorney Who Provides Criminal Defense, DUI Defense, Post Conviction Relief & Traffic Defense Services In California.
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