Albuquerque DWI Attorney
A charge of DWI will be enhanced to an aggravated DWI under the following circumstances:
1. You refused to submit to a breath or blood test after being requested to do so by a law enforcement officer.
2. You submitted to a breath or blood test and the results were higher than a .16.
3. You were involved in a DWI accident involving serious physical injuries.
The effect of an aggravated DWI charge is that it enhances the potential penalty that the court may impose after a conviction or plea. Typically it involves a period of mandatory incarceration. For example, while a straight DWI first offense carries no mandatory jail time, a first offense aggravated charge carries a mandatory 48 hours incarceration.
An aggravated DWI based upon a refusal will also increase your period of license revocation in an MVD proceeding from 6 months to one year. At this time, an aggravated charged based upon breath score or injuries does not increase your period of revocation in the MVD proceedings.
Contact an Albuquerque DWI Attorney
If you or a loved one has needs the help of an Albuquerque DWI Attorney who is experienced in these types of cases contact us today. You can call us at (505) 843-7303 or fill our our case eval form.