You Really Can’t Get a Missouri Aggravated DWI

Missouri aggravated DWIWhile most states in this country have levels of DUI/DWI offenses, the state of Missouri has no such charge as a Missouri aggravated DWI. Instead of levels of DWI offenses, they have levels of offenders. As you move up the ladder of offender types, not only do the penalties increase (everyone faces an ignition interlock requirement), the severity of the charge does also. The levels of a Missouri DWI offender are prior, persistent, aggravated, and chronic.

Prior Missouri DWI Offender
A prior offender is anyone who has either been found guilty or plead guilty to a prior DWI offense. This elevates your charge to a class A misdemeanor and increases your jail time and fines. You also are not eligible for probation unless you serve 10 days in county jail or 240 hours of community service.

Persistent Missouri DWI Offender
A persistent offender is someone who is receiving their third DWI conviction. The charge is now a class D felony and you could be ordered to serve up to four years in the Missouri Department of Corrections. You are not eligible for parole until you’ve served 30 days in prison or 480 hours of community service. Also, because this is a felony, you may be required to serve up to 5 years of probation.

Aggravated Missouri DWI Offender
You will be classified an aggravated offender (not have a Missouri aggravated DWI offense) and serve up to 7 years in prison if you are convicted of a 4th DWI in your lifetime, have any previous felony assault with a motor vehicle while under the influence convictions, have a previous involuntary manslaughter conviction or murder in the 2nd degree while operating a motor vehicle conviction, and/or have a previous 2nd degree assault on a law enforcement official/police officer while operating a motor vehicle. This is a C felony and you must serve 60 days in prison.

Chronic Missouri DWI Offender
If you have been convicted of 5 or more DWI offenses, you are a chronic offender. You will serve a minimum of 2 years in the Missouri Department of Corrections without the possibility of probation or parole until after those 2 years have been served.

Missouri does not have a Missouri aggravated DWI because their offender step-up program makes it unnecessary. The state’s standard punishments are plenty harsh and discouraging for drivers.

A Texas Aggravated DWI Only Costs Your Freedom

Texas aggravated DWIEvery day in the United States, people drink and drive. This isn’t a rare occurrence and it is the cause of many horrific traffic accidents. Texas is cracking down on drinking and driving by passing stricter laws with harsher sentences for offenders. If you are convicted of a Texas Aggravated DWI, you are convicted of a felony, with its long-reaching consequences that will affect you for the rest of your life.

A DWI charge is elevated to a Texas Aggravated DWI when the DWI was not the only offense you committed. The following offenses will raise your drunk driving charge to a felony:

  • Your blood alcohol concentration (BAC) is over .15%.
  • Being convicted of a third DUI offense.
  • A minor under the age of 15 was present in your vehicle at the time of the incident.
  • You caused an accident that resulted in serious bodily harm or death.

If any of these circumstances apply to you at the time you are pulled over for a suspected DWI, police can charge you with a felony DWI. This will severely increase your penalties if you are convicted. Texas Aggravated DWI offenders can be sentenced to anywhere from six months up to 20 years in prison. If you caused a fatal accident and were subsequently charged with a felony DWI, you can face up to 15 years in jail and your fines, alone, for a Texas Aggravated DWI can be close $10,000. That doesn’t even include the costs of installing an ignition interlock device, reinstating your driver’s license, and paying your legal fees.

When in Texas, do as the Texans do and don’t drink and drive. The saying “freedom don’t come free” is true and you’ll never realize it more than in the wake of a felony when you realize that losing your freedom also doesn’t come free. You will pay for the rest of your life for that loss.

New Mexico Aggravated DWI: Easy to Get, Hard to Forget

New Mexico Aggravated DWINew Mexico has a serious DWI problem. That is why it has harsher penalties and lower maximum sentencing guidelines than most other states. This can especially be seen in the case of New Mexico aggravated DWI penalties. Generally speaking, aggravated DWI charges are based upon additional crimes that occur during the DWI incident. Some contributing factors to a New Mexico Aggravated DWI are the refusal to submit to a blood or breath test and accidents causing injuries. A high blood alcohol concentration (BAC) is on the list, too.

If you are pulled over and found to have a BAC of .16 percent, you will be charged with a New Mexico aggravated DWI. In addition to the 48 hours of mandatory jail time for a first offense DWI, your mandatory minimums will be raised. Aggravating circumstances will cause you to spend much more time in jail: 90 days for a first offense, second or third offense are both up to a year. For a felony, you are looking at 18 months to 3 years in jail, depending on the degree of your felony conviction.

Additionally, the mandatory minimums are as follows for a first-time DWI conviction (no aggravating circumstances):

  • Attend a victim impact panel and DWI school.
  • Alcohol and drug abuse screening; counseling and treatment, if recommended.
  • No consumption or possession of drugs or alcohol.
  • 24 hours of community service.
  • Court and probation costs.
  • One-year ignition interlock requirement.

If you are convicted of a New Mexico Aggravated DWI, you will face harsher penalties in addition to the ones just listed.

A New Mexico Aggravated DWI conviction is a lesson you will not forget. Even making this mistake once carries strict penalties with little chance for leniency. Judges do not look kindly on aggravated DWI offenders and will most likely give you the harshest penalties available, especially when the state is already faced with a high rate of drunk driving problems.

What is Worse Than a Maryland Aggravated DUI?

maryland aggravated DUIDrunk driving is always bad, but laws distinguish between a simple DUI and drunk driving that is much more serious. Maryland aggravated DUI law picks up where the simple penalties leave off: from fines, court costs, and mandatory ignition interlock requirements to incarceration, probation, and other consequences.

Maryland aggravated DUI penalties occur when an offender:

  • Drives under the influence with a child passenger present.
  • Causes injury or death to another as a result of the DUI.
  • Has a blood alcohol concentration (BAC) of .15 percent or higher.
  • Is a habitual DUI offender.

In many cases a first-offense DUI in which the driver has a BAC of .15 percent or higher results in the most restrictive penalties, even if no injuries or property damage occurs. All DUI offenses have a mandatory interlock requirement, but the requirement can be extended for a longer time due to aggravating circumstances.

If there is a child passenger present at the time of a DUI, even with a low BAC, the driver will face Maryland aggravated DUI charges. On top of that, the driver could also be charged with child endangerment.  Habitual DUI offenders face aggravated charges simply because of their inability or refusal to drive sober, despite previous convictions and consequences.

Things can always be worse until they actually are at their worst. A DUI is nothing to blow off and making a choice to get behind the wheel if you’ve been drinking puts lives at risk each day. The legal consequences for a Maryland aggravated DUI are nothing in comparison to the real-world reality of causing someone’s death. As frustrating as it can be to find a safe ride home when drinking, the alternative is nothing less than asking for a lifetime of aggravation, regret, and possible loss of freedom.

A Florida Aggravated DUI is Life Changing

Florida aggravated DUIDriving under the influence is still a large problem in the United States. Part of the reason is that there is very limited access to things like public transportation outside of larger cities and suburbs, and part of it is just that people are human and make mistakes or deliberately choose to ignore the rules. Ignoring the rules is no excuse, and in many cases, that decision can lead to a DUI or aggravated DUI charge.

A Florida Aggravated DUI will often not just increase the penalties for drunk driving, but the charge could escalate to a felony.

The situations that will result in a misdemeanor Florida aggravated DUI include:

  • A blood alcohol concentration (BAC) measurement of twice the legal limit or more.
  • Property damage.
  • A first DUI with a minor child present.
  • Minor injuries occurring as a result of the DUI.

A felony Florida aggravated DUI results from:

  • A third DUI in a 10-year period
  • A fourth or subsequent DUI no matter the time period
  • Serious injuries occurring as a result of a DUI.
  • DUI manslaughter

Punishments for a felony Florida aggravated DUI include fines, up to five years in prison, five years of probation, lifetime license revocation, mandatory use of an ignition interlock device, alcohol treatment program, and more.  Not to mention the effects it will have on your ability to get a job, go to college, rent a home, or even vote.

A felony conviction is for life, and an aggravated DUI means there was a lot of damage done or high risks taken. Before you do something that will change the way you live and take away freedoms you take for granted every day, be sure you can live with the consequences. Be smart, make a plan to get home safely, and save yourself the aggravation of a lifetime of regret.

A California Aggravated DUI Results in Aggravated Penalties

California aggravated DUIMany states have different levels of DUI offenses. These can include zero tolerance laws for those under 21 or a DWI for a person whose BAC is below the legal limit but who is still driving impaired with a BAC of .02% or more. Most states also take into account mitigating and aggravating circumstances when it comes to DUI charges and penalties. In the state of California you can be charged with a California Aggravated DUI under several circumstances.

BAC Above .15%

California state law considers a BAC that is double the legal limit to be a ‘special factor’ and will impose stricter penalties, such as requiring the installation of an ignition interlock device on a first offense.

DUI With a Minor Passenger Present

If a child younger than 14 years of age is present in your vehicle when you receive a California DUI, you will serve a mandatory 48 hours in jail, if not longer.

Refusal to Submit to Testing

If you refuse the breathalyzer test and are convicted of a DUI, you can expect to receive harsher penalties as the judge will assume your BAC was above legal limits and that’s why you refused to be tested.

Reckless Driving or Excessive Speed

If you are driving erratically or at speeds more than 20 MPH over the speed limit on regular roads and 30 MPH on highways, your jail time will be extended by 60 days that must be served concurrently. Even if you’re sentenced to probation otherwise, you will be required to first serve your 60 days of jail time.

Causing an Accident

If you cause an accident that leads to an injury while under the influence, you will be charged with either a misdemeanor or a felony level California Aggravated DUI depending on the severity of the accident.

If you are convicted of a California Aggravated DUI, even if it’s your first offense, you can expect your penalties to more closely match those of a 4th offense DUI conviction. You will most likely receive fines, jail time, license suspension, and be required to install an ignition interlock device on your vehicles.

New Mexico Wrong Way DWI Breakdown

New Mexico DWI wrong wayIt isn’t often that a DWI is caught on camera before the person is already being pursued by law enforcement. However, this New Mexico DWI suspect was caught right in the act by police dash cams… going the wrong way.

Around 69 percent of wrong-way accidents are caused by drivers under the influence of alcohol. Three percent of all traffic fatalities are from wrong-way collisions.

The man admitted to drinking, but didn’t seem too concerned with his drinking and driving. It’s no wonder; his blood alcohol concentration (BAC) measured .19 percent, over twice the legal limit in Arizona. At .20 percent, it is common to have trouble standing or walking, or vomiting or blackouts may occur. Charged with one aggravated New Mexico DWI, the man faces additional jail time on top of fines, court costs and a mandatory ignition interlock requirement. Driving home was his first mistake, driving the wrong way was his second mistake, and lastly, driving while intoxicated down the wrong side of the interstate where law enforcement caught the whole thing on camera… was a total mistake.

On average, about 360 lives are lost each year in about 260 fatal wrong-way collisions – FARS Data 2004-2009

Fortunately, New Mexico requires ignition interlock devices for all DWI offenses in the state. Not all states take drunk driving prevention as seriously. Admittedly, New Mexico still has its work cut out, especially where enforcing those laws. That’s why Governor Martinez is consistently promoting new education and awareness efforts about the dangers of New Mexico DWIs, as well as advocating for stricter punishments for those drivers.

A New Mexico wrong way DWI is a wholly preventable incident, especially when a person knows they’ll be drinking. Before heading out for the night, you can avoid the confusion of which way to drive by letting someone else take your keys and get you home safely. There’s no better and safer way to enjoy an evening out on the town than with a plan in place before you head out for the night.

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