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?
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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