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Hi my name is David Cantor with the Law Offices of David Michael Cantor.
Today I'm going to talk about the penalties associated with a first
offense
felony aggravated DUI now all aggravated DUI's are felonies
but sometimes people get confused between extreme DUI and aggravated DUI.
What is an aggravated DUI? Well aggravated DUI is any DUI
that's a third offense within seven years. That means if you have a prior DUI
six years ago,
four years ago and now you've been charged again that will be an aggravated
DUI.
more commonly an aggravated DUI is any DUI
in which your license was suspended when you got the DUI.
That one's a serious one because a lot of people don't pay old tickets
and suddenly they're facing an aggravated DUI. There's a third type of
aggravated DUI that's with
a child in the car while you're driving and you get a DUI but
we're not talking about that type of DUI right now. In the regular
standard DUI, if you're convicted the mandatory minimum is four months in
prison,
and think about that prison, what happens to your job, your mortgage, your
family, this is 24 hours a day there's no work release,
it's four months of actual prison time.
The fine is normally waved but you'll still have to do a substance abuse screening
for fifty dollars
take 36 hours a classes which runs you 585 dollars,
you lose your license for one full year and then after that year
for the next two years you'll have to get indignation interlock device in your
vehicle,
that runs 2000-2400 dollars for that two-year period.
What is an ignition interlock device? That's a breath testing
device that's installed on your steering wheel, you have to blow into it to start
your car
and every 15 minutes after your car is running you'll have to blow into it again.
Every 90 days you have to take it down to the facility where they download the chip
to make sure that you haven't been driving with alcohol in your system.
Insurance wise, you'll be required to get an sr-22,
that's a special provision in which you pay the insurance company
to tell the DMV if your insurance lapses and they'll charge you $500 a year
for three years for that privilege. ON top of that your insurance will go up
three thousand dollars a year higher than it is now for the next three years
that's nine thousand dollars.
Other repercussions besides losing your job
professional status as a doctor, a nurse, a pilot, lawyer,
if you trade and have an SEC license, real estate license, government or military
you're going to lose your job if you get this felony.
You're also going to lose your right to vote and your gun rights
that attaches to any type of felony. Now if you go to our victory section
at dmcantor.com our website you're going to see
that we win Aggravated DUI's all the time we either get them knocked down to
misdemeanor DUI
which means instead of doing four months in prison you could be doing just
one day in jail,
that all of these costs and basically these costs have described are
well above ten thousand dollars, they can drop dramatically
if we get it reduced, or we can just flat-out get it dismissed or win it
in certain situations if the flaws of the case are there. You'd be
surprised how often that happens,
but if this situation applies to you a family member or loved one,
fill out a form on our website or call us, set an appointment
will get you into see us. It doesn't cost you anything but it takes about 30 minutes
your time
and hopefully we'll be able to find a way out of this for you, so we look
forward to hearing from you soon.