Q: Is normal to be given 2 complaint slips? One for aggravated dui and claimed I eluded the officer, the other just a dui?
I saw a cop turn around and was nervous, he did not have his blues on. I pulled down a side street and parked in a random driveway. He then pulled up put his blues on and arrested me for dui after a field test.. but is trying to charge me for aggravated dui for eluding him, but why would he hand me two separate complaint forms?
A:
The charges are in the alternative. This means that the state may seek the enhanced penalty that an aggravated DWI carries if they prove the eluding. As a fall back the state can rely on the the DWI 1st offense.
It is important that you talk with a qualified DWI attorney ASAP. You have important rights that will expire within 30 days of the arrest.
If you are unable to afford a private lawyer you should apply for a public defender. The aggravated carries mandatory jail time, loss of license and enhanced fines.
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