Torrance Aggravated DUI Attorney

Charged with an Aggravated DUI in Torrance? We Can Help

Aggravated DUI charges in Torrance carry severe penalties that can significantly impact your life. These charges typically arise from factors that elevate a standard DUI to a more serious offense. Aggravating factors can include having a high blood alcohol content (BAC), driving with a suspended license, causing an accident with injuries, or having minors in the vehicle.

There are nuances in how an aggravated DUI is interpreted legally in Torrance. For example, the threshold for a 'high' BAC might differ slightly depending on specific circumstances like prior convictions or whether a minor was present in the vehicle. Additionally, certain sections of the California Vehicle Code impose mandatory minimum sentences for repeat offenders, highlighting the harsh stance against aggravated DUI offenses. These nuances make it imperative for those charged to seek knowledgeable legal representation that can navigate these complexities.

To effectively defend against aggravated DUI charges, it’s essential to work with an experienced legal team that understands the complexities of such cases. This is where Law Offices of J. Patrick Carey stands out. Our firm is located in Torrance, and we possess an in-depth understanding of local courts and California's DUI laws. With Pat Carey's extensive background as a former prosecutor and his dedication to client advocacy, we are positioned to offer a robust defense against aggravated DUI allegations.

Speak with a skilled Torrance aggravated DUI attorney today. Call (310) 695-1118 now or contact us online to schedule your free legal consultation and protect your future.

What Makes a DUI “Aggravated” in California?

In California, a basic DUI is charged under Vehicle Code §23152, which prohibits driving under the influence of alcohol or drugs. However, certain circumstances elevate the charge to what is commonly referred to as an “aggravated DUI.” While California law does not use this term explicitly in the statute, prosecutors and courts refer to enhanced DUI charges this way when one or more aggravating factors are present.

Common aggravating factors include:

• High Blood Alcohol Content (BAC) – A BAC of 0.15% or higher may lead to sentence enhancements under California Vehicle Code §23578.
• Excessive Speed and Reckless Driving – Driving 20–30 mph over the speed limit while intoxicated can trigger additional charges.
• Minor Passenger in Vehicle – Driving under the influence with a child under 14 may lead to enhanced penalties under §23572.
• Injury or Death – If an accident occurs and someone is injured or killed, the DUI may be charged as a felony under §23153.
• Prior DUI Convictions – A fourth DUI within 10 years is automatically charged as a felony.
• Refusal to Submit to Testing – Refusing a chemical test can increase penalties, particularly if other aggravating elements exist.
• Driving on a Suspended License – If your license was already suspended for a previous DUI, this can result in additional charges and jail time.

A Torrance aggravated DUI lawyer will evaluate the facts to determine whether these aggravating factors are legally sufficient to enhance the charge and whether the evidence supporting them is admissible.

What are the Penalties for Aggravated DUI in California?

Enhanced DUI charges carry far more severe consequences than a standard first-time offense. Depending on the facts of the case and your criminal history, penalties may include:

For Misdemeanor Aggravated DUI:

• Up to 1 year in county jail
• Fines and assessments exceeding $2,000
• License suspension or revocation for up to 2 years
• DUI education programs of up to 30 months
• Mandatory installation of an ignition interlock device (IID)
• Probation with restrictive terms

For Felony Aggravated DUI:

• 16 months, 2 years, or 3 years in state prison
• Felony conviction on your permanent record
• Longer license revocation (up to 4 years or permanent)
• Habitual traffic offender (HTO) designation
• Increased exposure for future DUIs

The penalties multiply with each prior offense or additional aggravating factor. A Torrance aggravated DUI attorney can assess your specific circumstances to craft a tailored defense focused on reducing or eliminating these harsh outcomes.

The DMV and Criminal Court: Two Battles in One

One of the unique challenges in DUI cases is that you’re fighting on two fronts: criminal court and the DMV.

After an aggravated DUI arrest, the DMV will initiate an administrative per se (APS) action that may result in license suspension—even before a court conviction. You only have 10 calendar days from the date of arrest to request a hearing and challenge the suspension.

A Torrance aggravated DUI lawyer can represent you in this hearing to contest the suspension and seek a stay of your driving privileges pending the outcome. Winning at the DMV hearing does not resolve the criminal case, but it may provide leverage in court.

What is the Impact of DUI on Life?

Facing an aggravated DUI charge in Torrance can result in severe consequences beyond legal penalties. These include increased insurance rates, job loss, and reputational damage. Understanding how these charges can affect your future is vital. In California, an aggravated DUI can lead to significant legal implications, such as longer incarceration periods, larger fines, and extended probationary terms.

Beyond the immediate legal ramifications, the long-term effects of an aggravated DUI conviction can be profound. It may affect your professional licenses, limit job opportunities, and inhibit international travel. Many countries have strict entry regulations regarding criminal records, which could impede your future plans. Furthermore, having a DUI on your record may also affect your ability to qualify for certain housing or financial aid opportunities, making it essential to address these charges with the utmost seriousness and urgency.

California law mandates increased penalties for repeat offenses and circumstances involving injuries or fatalities. Engaging a knowledgeable DUI attorney from Law Offices of J. Patrick Carey ensures that all potential defenses are explored to mitigate these impacts. Our insider knowledge allows us to identify and challenge any procedural errors in your arrest, potentially leading to reduced charges or dismissal.

What Steps Should I Take Following an Aggravated DUI Arrest?

Following an aggravated DUI arrest in Torrance, it is crucial to seek legal assistance as soon as possible. Begin by contacting Law Offices of J. Patrick Carey to discuss the specifics of your case. While awaiting your initial consultation, compile any relevant documents, such as the police report and any notices from the DMV. Be prepared to recount the details surrounding your arrest to aid in constructing a robust defense. Our team is dedicated to guiding you through every step with professionalism and care.

Beyond gathering documents, it’s essential to manage communications carefully. Avoid discussing your case on social media or with anyone except your lawyer, as these could inadvertently affect your defense. Additionally, document any personal details about the arrest that the police might not have included, including names of witnesses or exact timelines of events. This can be essential in building a comprehensive account of your situation.

Why Is Local Representation Important for a DUI Charge?

Engaging a DUI lawyer like those at Law Offices of J. Patrick Carey can significantly improve your legal outcome. We provide expert guidance through the complex legal system, evaluate evidence, and identify any procedural errors or constitutional violations in your case. Our former prosecutorial experience enables us to anticipate prosecution strategies, ensuring a well-rounded defense aimed at minimizing penalties.

Local representation is crucial because it offers strategic advantages specific to the area. Our firm’s presence in Torrance means we are familiar with local judicial nuances, which can be pivotal in negotiations and trial proceedings. The Law Offices of J. Patrick Carey team is well-acquainted with regional legal expectations and procedural intricacies, offering a defense with localized insights and compelling advocacy.

Why Choose Us to Defend Your Aggravated DUI Charge?

At Law Offices of J. Patrick Carey, we offer Torrance clients unmatched legal representation for aggravated DUI charges. Pat Carey’s unique background as a former Deputy District Attorney in Los Angeles County provides invaluable insight into both sides of the criminal justice system. Our clients benefit from:

• Comprehensive Legal Strategies: With a thorough understanding of DUI laws and over 7,000 handled cases, we craft defense strategies tailored to your specific circumstances.
• Personalized Attention: We prioritize our clients' needs, addressing each case with the attention and care it deserves. Our team is available 24/7 to address any questions or concerns.
• Reputable Experience: Pat Carey's certification as a Criminal Law Specialist, a rare achievement in California, emphasizes our commitment to exceptional service and results.

Moreover, our firm's proactive approach extends to leveraging all possible angles for your defense. We conduct detailed investigations, such as reviewing police conduct during your arrest to ascertain any rights violations. Additionally, we utilize advanced defense tactics that may involve expert witnesses to challenge evidence, such as breathalyzer or field sobriety test results, thereby ensuring that your rights are fully protected throughout the legal process.

Contact Us for a Strong Defense

When facing an aggravated DUI charge, having the right legal team on your side is crucial. Law Offices of J. Patrick Carey's deep expertise and dedicated approach make us a leading choice for clients in Torrance. If you've been accused of an aggravated DUI, don't wait to seek help. 

Schedule your free consultation by calling (310) 695-1118 to discuss your case with our seasoned professionals. We are committed to fighting for your rights, ensuring you have the best possible defense. Reach out today and take the first step towards protecting your future.