There are serious consequences attached to any conviction for DUI/OVI in Ohio. The potential penalties are much higher for an aggravated DUI charge, and the court is less likely to show leniency. However, there are additional factors the state must prove beyond a reasonable doubt to secure a conviction.

When you face DUI charges, a skilled defense attorney can help you fight back. Let a Toledo aggravated DUI lawyer from our firm advocate for you.

Does State Law Recognize Aggravated DUI?

There is not a criminal offense by the name of aggravated DUI/OVI in Ohio. Instead, state law identifies certain factors that could increase the standard penalties of a DUI conviction. These are known as aggravating factors, some of which include:

  • Previous DUI convictions
  • Blood Alcohol Concentration of .17 or higher
  • DUI that leads to injury
  • DUI that leads to death
  • Having a minor passenger

These factors can increase the minimum mandatory penalty in a DUI/OVI case. Our dedicated Toledo DUI attorneys can often build a defense under these circumstances by establishing that no aggravating factors were present.

Minimum Aggravated DUI Penalties

When aggravating factors are present, a person charged with DUI can face additional minimum penalties on top of the maximum sentences set by state statutes for the base DUI conviction. First-time offenders with aggravating factors  can face at least three days in jail and three days of driver intervention programs.

The additional penalties are higher for anyone with a prior DUI conviction. In this situation, a person convicted of DUI with aggravating factors must serve at least 20 days in jail or ten days of jail time and a minimum of 36 days of house arrest.

The penalties are even higher for a third or subsequent DUI with aggravating factors. A conviction requires at least 60 days in jail. Alternatively, a person convicted could serve 30 days in jail along with 110 days of house arrest. Our knowledgeable Toledo attorneys can help individuals who are facing aggravated DUI charges understand the potential penalties they may incur.

Possible Defense Strategies for an Aggravated DUI Charge

The additional penalties related to aggravating factors can be worrisome to anyone facing DUI charges, but these charges are never guaranteed to lead to a conviction. A trusted aggravated DUI attorney in Toledo can raise several defenses, including:

Lack of Aggravating Factors

In some cases, the police will mistakenly believe that aggravating factors were present. For example, they could be mistaken about the age of a passenger in the car at the time of the arrest. This defense would not avoid a DUI conviction but would remove the threat of additional penalties due to an aggravating factor.

Illegal Stop

One of the most common defense strategies for DUI charges involves illegal traffic stops. If the police pull a driver over without a valid reason, any evidence recovered at the stop could be excluded at trial.

Incorrect Test Results

Many DUI cases are built around blood, breath, or urine test results. The state must follow specific protocols when collecting or testing these samples. If they fail to follow that protocol, the results could be inaccurate and inadmissible in court.

Talk to a Toledo Aggravated DUI Attorney Right Away

When you are accused of or arrested for DUI with aggravating factors, you could face time behind bars. You have the right to defend yourself from these accusations to protect your future.

The right attorney can help you build a winning defense strategy. Reach out to a Toledo aggravated DUI lawyer from Groth & Associates Attorneys at Law right away.