Bakersfield Aggravated DUI Defense Attorney

Experienced Legal Support in Kern County for DUI Charges

If you’ve been charged with an aggravated DUI, this means you are facing harsher sentencing for your DUI case. Brehmer Law Corporation has the knowledge and resources to take on any type of DUI case, regardless of the circumstances.

Understanding Aggravated DUI in California

Aggravated DUI in California has several factors that make a DUI aggravated, such as enhancements. Common enhancements include:

• High BAC—If your BAC is 0.15% or higher, California law allows for much harsher sentencing, including longer mandatory DUI schooling and increased jail time.
• Excessive speeding—Driving 20-30 mph over the limit while intoxicated can add an additional 60 days to a county jail sentence.
• Previous DUI within the past 10 years—California has a "10-year look-back period." A fourth DUI offense within ten years is automatically prosecuted as a felony. If you have been convicted of multiple DUIs, you may face harsher sentencing
• Suspended or revoked license—A DUI charge without a proper license may be increased to an aggravated DUI
• Minors present—Having a child under the age of 14 in the vehicle at the time of the offense can trigger an enhancement under Vehicle Code § 23572, which adds mandatory jail time to any other sentence.
• Refusing a blood, DUI, or breath test

The maximum penalties for aggravated DUI depend on your specific circumstances and the judge hearing your case, but often involve heavy fines, many months of jail time, and driver’s license suspension. At Brehmer Law Corporation, our aggravated DUI lawyer in Bakersfield has extensive experience protecting the rights and futures of his clients facing these serious charges.

When you need a strong defense for aggravated DUI charges, call (661) 430-0868 to reach Brehmer Law Corporation.

Facing Aggravated DUI Charges in Bakersfield

In Bakersfield, facing an aggravated DUI charge can be a daunting experience, especially given the unique challenges our community faces. With the Kern County Sheriff's Office actively enforcing DUI laws, residents must be aware of the serious implications of an aggravated DUI. 

Furthermore, the Kern County District Attorney's Office is dedicated to prosecuting these cases, which can lead to significant penalties, including lengthy jail sentences and hefty fines.

Key Elements the Prosecution Must Prove

To secure a conviction for an aggravated DUI, the Kern County District Attorney must prove specific elements beyond a reasonable doubt. Because we are focused on the science of defense, we look for weaknesses in each of these pillars:

• Actual Driving: The prosecution must prove you were in physical control of the vehicle and that the vehicle was in motion.
• Impairment or Per Se Limit: They must prove you were "under the influence" (unable to drive with the caution of a sober person) OR that your BAC was 0.08% or higher at the time of driving.
• The Aggravating Factor: For an aggravated charge, the state must prove the specific secondary element—such as the presence of a child, the high BAC reading, or the injury caused to another.
• Proximate Cause: In cases involving injury (VC 23153), the prosecution must prove that your illegal act or neglect of duty was the direct cause of the victim's injury. If the other driver was actually at fault for the crash, the "aggravated" portion of the charge may be dismissed.