Beyond the Limit: Defending Against Aggravated DUI

Facing an aggravated DUI charge in Rhode Island can lead to enhanced penalties, including longer license suspensions, higher fines, and potential jail time. Almagno Law provides strategic, experienced defense to protect your rights and fight back against aggravated DUI allegations.

Common Causes of Aggravated DUI

High Blood Alcohol Content (BAC) : A BAC significantly above the legal limit (typically 0.15% or higher) can trigger aggravated DUI charges.
Driving with a Minor in the Vehicle : Having a child passenger while driving under the influence often results in enhanced penalties.
Repeat DUI Offenses : Prior DUI convictions can elevate a new DUI charge to an aggravated offense.
Excessive Speeding or Reckless Driving : DUI combined with reckless behavior, like speeding or running red lights, can aggravate the charge.
Causing an Accident or Bodily Injury : If the DUI results in a crash, especially with injuries, it's likely to be classified as aggravated.
Driving Without a Valid License or Insurance : Being under the influence while also violating licensing or insurance laws can worsen the offense.
Refusal to Submit to Chemical Testing (in some cases) : Refusing a breath, blood, or urine test after arrest may result in enhanced consequences when paired with other aggravating factors.
DUI in a School Zone or Construction Zone : The location of the offense can also be a contributing factor in elevating the charge.

Common Consequences of an Aggravated DUI

Longer Driver’s License Suspension : Aggravated DUI often leads to extended suspension or revocation of your driving privileges.
Higher Fines and Court Costs : Fines can range from thousands of dollars depending on the severity and number of prior offenses.
Mandatory Jail Time : Unlike standard DUI cases, aggravated charges frequently carry required jail time—even for a first offense.
Felony Charges : Some aggravated DUI cases are charged as felonies, especially those involving injury, multiple priors, or minor passengers.
Ignition Interlock Device (IID) Installation : Courts often require installation of an IID at your own expense as a condition of driving again.
Alcohol or Drug Treatment Programs : Mandatory completion of substance abuse counseling or DUI education programs is common.
Probation or Parole : You may be subject to supervised release and strict compliance terms.
Permanent Criminal Record : A conviction could appear on your record indefinitely, impacting employment, housing, and other opportunities.

Determining Liability for Aggravated DUI

In Rhode Island, liability for aggravated DUI is based on standard DUI laws enhanced by specific aggravating factors—such as a high BAC, repeat offenses, or causing injury. To establish liability, the prosecution must prove:

You were operating a vehicle while under the influence of alcohol or drugs.
A valid method (e.g., breath, blood, or field test) confirmed impairment.
One or more aggravating circumstances were present (e.g., BAC ≥ 0.15%, minor in the vehicle, accident with injury).
The aggravating factor directly impacted the severity of the offense or harm caused.

Because these charges carry harsher penalties, a strong defense often focuses on challenging the accuracy of test results, the validity of the stop or arrest, and whether the aggravating factor legally applies.

Types of Aggravated DUI Cases We Handle

Serious Injury or Fatal DUI Accidents

We represent clients accused of DUI-related crashes resulting in major injuries or death.

Multiple Prior Offenses

Strategic defense for individuals facing aggravated charges due to past DUI convictions.

Underage Passenger DUI Cases

Handling high-stakes cases involving minors in the vehicle during an arrest.

Commercial Driver Aggravated DUIs

Protecting the livelihood of CDL holders facing enhanced DUI penalties.

High-BAC Defense (0.15% and Above)

Challenging the reliability of chemical tests and the validity of BAC readings.

Felony-Level DUI Charges

Aggressively defending against DUIs charged as felonies due to aggravating circumstances.

Court-Ordered Treatment & Diversion Advocacy

Helping clients pursue alternatives to jail when eligible, including treatment-based sentencing.

Why Choose Almagno Law for Your Aggravated DUI Defense?

At Almagno Law, we understand the serious consequences that come with an aggravated DUI charge—heightened penalties, possible jail time, and long-term impact on your record. Our team brings experience, precision, and a deep knowledge of Rhode Island DUI laws to every case. Whether it involves a high BAC, repeat offense, or an accident with injury, we fight to protect your rights, challenge the evidence, and pursue the best possible outcome for your future.

Our Testimonials

“Almagno Law provided me with superb legal services after my auto accident. I was represented well and received the fair compensation I deserved due to the firm’s tireless efforts and relentless determination. During the claims process, they kept in constant contact, informing me of any developments and demonstrating genuine concern about my recovery. I am assured that this process would not have gone as well without their expertise.”

Jerry G - Griff Inc

“After encountering some sever legal trouble, I was referred to Almagno Law. The firm handled my case with professionalism and gravitas. I felt fully supported and prepared for the obstacles that lay ahead of me. Almagno Law worked tirelessly to ensure I could settle the case in the most efficient way possible. Ultimately they got the case dismissed and the criminal charges dropped. I would recommend Almagno Law to anyone facing legal troubles.”

Laura F - Agro

“When I first faced a DUI charge, I felt like my life was over. I want to thank Almagno Law for everything they did during this tough time. They ensured I was treated fairly every step of the way. I felt cared for as an actual person, and not just as a client. They stayed in touch throughout the case, and even after. Ultimately, all the criminal charges were dismissed, and I only paid a minimal civil fine. That was the best possible outcome, and I know the firm was crucial to that victory.”

Angela R - Rays

“I was in a car accident in New York in the bronx. the insurance company did not want to pay me any money. Lawrence sued in New York and through mediation got me over 150K for my shoulder injury. ”

Robert

“I was sued in federal court in Boston for a deal that went wrong with respect to stock my company sold. The company was suing me for millions. Lawrence got the whole thing against myself and my employees thrown out of court prior to trial including fraud charges.”

Chris C

“I was charged falsely by my ex for abuse, in addition to having her move to modify child support and custody. Lawrence fought back relentlessly, got the charges dismissed criminally and then was successful in negotiation a better child support payment and visitation schedule with full custodial rights then existed prior to the charge. ”

“I was injured in Massachusetts in a car accident. The insurance company said it was my fault and offered me 2k. Lawrence sued and got me Policy limits, and then went after my insurance policy for underinsured benefits and I am sure he will get the same thing. ”

Constance S

“I was told I met the maximum time i could obtain on my workers compensation benefits, no attorney would take my case. Lawrence got me an additional 3 years on workers compensation.”

Helen

“I was hit by another car on 95 south. The other driver tried to blame me. Her insurance company sided with her. Lawrence took them to court had an accident reconstruction expert piece back the accident, and with that the insurance company still would not budge. Lawrence kept fighting and was taking the case to trial, when finally the insurance company realized they were not going to win.”

Xiaye WU

Frequently Asked Questions

1. Is an aggravated DUI considered a felony?

It can be. While some aggravated DUIs remain misdemeanors, cases involving serious injury, death, or multiple prior offenses are often charged as felonies.

2. What if it’s my first DUI but considered aggravated—will I still go to jail?

Jail is possible even for a first offense if aggravating circumstances exist, but a skilled defense may help reduce or avoid incarceration depending on the case.

3.Will a conviction affect my employment or professional license?

Yes, a conviction can impact your job—especially if you hold a commercial driver’s license or professional certification. Legal guidance is critical in minimizing damage.

4. Is probation or a diversion program available for aggravated DUI?

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Let’s work together and discuss your case. Almagno Law is committed to providing you the most efficient, compassion, and professional counsel in Rhode Island.

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