What Is an Aggravated DUI?

The penalties for driving under the influence of alcohol can be severe, including mandatory jail time, license suspension, and fines. Even a first-time offender can risk losing their driving privileges and paying more for car insurance. However, there are aggravating factors that can increase the criminal penalties. In some cases, aggravating factors can raise a misdemeanor DUI to a felony DUI.

Contact a local and experienced DUI defense lawyer for help if you are facing an aggravated DUI charge or any sort of DUI charge.

Aggravating and Mitigating Factors

Most criminal cases consider the circumstances surrounding a crime. The judge may consider what happened before, during, and after the crime that might impact sentencing. This includes aggravating and mitigating factors. Aggravating factors have a negative impact and make a crime more egregious. There are also mitigating factors that lessen the severity of the crime.

Mitigating Factors in a DUI

Mitigating factors in a DUI may not help you avoid the minimum penalties. However, the right circumstances can help you get probation instead of jail time or make the judge more likely to let you plead down to reckless driving or another lesser penalty. Mitigating factors in a DUI may include:

• No prior criminal history
• Low blood alcohol content or blood alcohol concentration (BAC)
• Voluntarily seeking substance abuse treatment
• Accepting responsibility
• Having a clean driving record

Aggravated Drunk Driving Charges

Aggravating factors can increase the penalties for driving under the influence of drugs or alcohol. Aggravating factors in a DUI may include:

• Having a high blood alcohol content
• Drunk driving with a minor passenger in the vehicle
• Committing a DUI with a CDL and driving a commercial vehicle
• Causing a severe accident that injures or kills someone else
• Causing property damage
• Driving recklessly or significantly over the speed limit
• Committing a hit-and-run
• Being under 21 and driving drunk
• Refusing a chemical test
• Having multiple prior DUI criminal charges
• Getting a DUI while already on a suspended license

Penalties for Aggravated Drunk Driving

While the penalties for a drunk driving conviction are different in every state, a DUI conviction is always severe. A first-time drunk driving charge is generally a misdemeanor offense. Most states impose minimum penalties for a first-offense DUI, which may include:

• Mandatory jail time or prison sentence
• Fines and fees
• Alcohol treatment and education
• Community service
• Drivers license revocation
• Mandatory ignition interlock device (IID)
• Probation
• Impounded vehicle

If you are found guilty of a drunk driving offense with aggravating factors, the judge could impose the maximum DUI case sentence under the sentencing guidelines. Some aggravating factors may allow for additional penalties for the aggravated DUI conviction, including increased fines, more days in jail, and an extended license suspension. Some aggravating factors may increase a DUI from a misdemeanor to a felony.

A felony charge is more severe than a misdemeanor on a criminal record. Felonies may disqualify you from some jobs and professions. They may also make you ineligible for public benefits and government scholarships. Felons may also be prohibited from holding public office or owning a firearm.

Serious Injury DUI

A fatal drunk driving accident or a motor vehicle accident that causes serious injuries can be charged as a felony. Penalties for bodily injury DUI may include more than 12 months in prison, fines, and a license suspension. A fatal drunk driving crash could be charged as vehicular manslaughter. In some states, a deadly accident after a prior drunk driving arrest could be charged as murder.

Multiple DUIs and Habitual Offenders

In most states, repeat offenders getting too many DUIs within a certain period of time can lead to felony drunk driving charges. The number of prior DUI convictions and drunk driving offenses and lookback periods vary by state. Some states consider the second DUI to be a felony, and other states have no law that automatically considers multiple DUIs to be felony offenses. However, in most states, a third or fourth DUI within a certain number of years will be charged as a felony.

Child Endangerment

Driving under the influence with a minor child in the vehicle is an aggravating factor. It could increase the penalties or be charged as an additional child endangerment offense. Child endangerment could result in further increased penalties. If the parent has had prior child custody issues, a DUI with the child in the car could put their visitation and parenting rights at risk.

High BAC DUI

When the police officer arrests a driver suspected of impaired driving, they will request a chemical test sample. Most states consider a BAC of 0.08% or higher over the limit. However, if the driver’s BAC is much higher, they may face aggravated penalties. The high BAC limit varies by state but is generally around 0.15% or 0.20%.

The Skill and Expertise of a DUI Attorney

Any DUI – aggravated or not – is a serious offense. The penalties can be severe, far-reaching, and affect your life for a long time. If you have been arrested and charged with DUI, contact a local and experienced DUI defense lawyer for a case evaluation, legal advice, and legal representation.