A DUI refers to driving under the influence of alcohol or drugs and is considered one of the most serious traffic violations. While the penalties and punishments will vary based on whether you are convicted of your first or subsequent DUI offense, there are a number of factors that may also impact the final result. These factors are called aggravating circumstances, and they may include:
Causing an Accident Being pulled over and arrested for a DUI following a car accident is a common aggravating circumstance and will typically result in a felony conviction. In addition to the DUI conviction, if you are involved in an accident that results in physical injuries or death, you may also be charged with vehicular assault or homicide.
Resisting Arrest Another example of an aggravating circumstance in a DUI case is running from the police or resisting arrest. Not pulling over, getting out of the vehicle, and physically resisting an arrest will almost always lead to an addition conviction and make your DUI penalties even worse.
Driving at a High Rate of Speed An individual found guilty of criminal speeding (or driving 20 miles per hour over the posted speed limit) will definitely face higher DUI penalties as their actions are endangering those around them. This is also the case for individuals found guilty of reckless driving at the time of a DUI stop, in which they commit three or more traffic violations.
Here at Hinkle, Jachimowicz, Pointer & Emanuel Law, our experienced DUI lawyers are devoted to helping you get the lowest sentence possible following a conviction. Get the representation you are entitled to by calling our San Jose law firm at (408) 916-1413. We offer free and confidential case evaluations, so call today to schedule your appointment with one of our DUI lawyers.