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There is no upside to fleeing a potential DUI arrest. If police find and catch a suspect who has fled a DUI traffic stop, the potential punishment could be far greater.
While you may always refuse a breathalyzer test (although there will be consequences), you cannot flee when the police are trying to apprehend you. If you have been charged with DUI in Carrollton, GA, contact Moffitt Law, LLC for vigorous legal representation.
There Will Always Be Serious Charges for Eluding a DUI Arrest
There are different classifications for fleeing or attempting to elude law enforcement. Any time that you are charged with this crime, it would be considered at least a high and aggravated misdemeanor. There will always be a minimum jail sentence if you have been convicted of this crime.
In general, you would be charged with a high or aggravated misdemeanor for a first or second offense of fleeing or eluding law enforcement. This charge is absent from any other aggravating circumstances. This conviction could lead to a sentence of a year in prison, with a mandatory minimum.
Factors That Can Raise Charges of Fleeing to a Felony
Multiple aggravating factors could apply to a DUI chase that may raise the level of the offense to a felony:
- Exceeding the speed limit by at least 20 miles per hour during a chase
- Striking another vehicle while trying to elude police
- Fleeing in traffic conditions which places the general public at risk of receiving serious injuries
- Fleeing while operating a motor vehicle while blood alcohol concentration is 0.08 grams or more
When a felony is involved, there is a much higher potential jail sentence. Each of these felonies will carry a jail sentence of between 1 to 5 years in prison.
There May Be Multiple Charges at the Same Time
In many circumstances, a driver could be charged with multiple felonies based on their conduct during the case, as more than one of the aggravating circumstances could apply. You could receive even greater sentences for multiple convictions.
The law specifically states that you would not be able to serve sentences concurrently with those for other felonies. Thus, if you were involved in a high-speed chase while driving over the legal limit, you could even face at least three felony convictions. The law also specifically states that the sentence cannot be probated (meaning that you will serve time in prison).
Moreover, these criminal offenses are different from the offense of leaving the scene of an accident. If a DUI accident involved another car, there would be an additional penalty. Leaving the scene of an accident leads to an additional felony charge that carries its own 1 to 5-year prison sentence.
You Need a Georgia DUI Attorney Immediately When Facing Fleeing and Eluding Charges
You must get legal help if you have been charged with any of these crimes. There are a wide variety of outcomes in these cases. You may have defenses available to you in these situations.
Much would revolve around whether you knew that the person trying to stop you was law enforcement and whether they gave a clear signal to stop.
Note that it does not matter whether the officer had reasonable suspicion to stop you in the first place. That is not material to these charges.
If you do not have defenses available to you, it may be necessary to negotiate a plea bargain with prosecutors. Again, you could be facing a large amount of jail time, and you need an attorney who has the credibility and skill to speak with the prosecutor. You may have to be prepared to take your case further until you can get a better plea deal.
Contact a DUI Defense Attorney in Carrollton Today
If you are facing DUI or fleeing and eluding charges in Georgia, Moffitt Law, LLC can help. Your strongest possible legal defense comes when you hire an experienced attorney to represent you. You must hire an attorney as soon as you can after the arrest. Call us today at 762-200-2924 to discuss your case, or reach out to us through our website. This is a call that you cannot delay.
