Aggravated DUI

Driving under the influence of alcohol or drugs (DUI) is a severe criminal offense. Most states charge a regular DUI as a misdemeanor. But some circumstances could land you with an aggravated or felony DUI charge.

You can face a felony or aggravated DUI even if it’s your first time with a drunk driving charge. If you or your family member face an aggravated DUI case, get legal advice promptly.

A DUI lawyer can advocate for you from the initial arrest through the whole court process. Even if a breathalyzer or blood test shows intoxication, a criminal defense lawyer will know how to protect your rights and seek the best possible outcome.

What Is Aggravated DUI?

An aggravated DUI is an enhanced criminal charge of driving under the influence that can lead to higher penalties. These DUI cases include the presence of aggravating factors. These factors raise the basic charge to a more serious one, and they increase the range of potential sentences.

State laws define when a DUI is aggravated. Depending on your local statutes, you may also see the terms “driving while intoxicated” (DWI), “operating under the influence” (OUI), or “operating while intoxicated” (OWI). Those terms refer to the same criminal offense, but the addition of the term “aggravated” means it is an even more serious offense.

How Does an Aggravated DUI Differ From a Normal DUI?

A regular DUI simply requires that the driver was intoxicated under the legal definition. But an aggravated DUI requires another factor in addition to the driver’s intoxication. This factor usually shows a higher level of danger to the public or a more extreme violation of the law.

While a standard DUI charge is a misdemeanor, aggravated DUI is usually a felony. The penalties of an aggravated DUI go well beyond the sentences typically imposed after a DUI conviction. Certain legal defense opportunities, such as pretrial diversion programs, might not be available in an aggravated DUI case.

Common Aggravating Factors of a Felony DUI

Below are a few examples of situations that can lead to an aggravated DUI charge with enhanced penalties. The factors and potential punishments vary among states, so you’ll need to look at the law of the state that has brought DUI charges.

Extremely High Blood Alcohol Concentration

All state DUI laws set a legal limit for blood alcohol concentration (BAC). The specific limit for a driver’s BAC can vary by state. Most states recognize 0.08%, but a trend exists to lower this limit to 0.05%.

The law presumes anyone caught driving with a BAC level over their state’s legal limit has committed a DUI. They need no further proof of intoxication.

When tests reveal that a suspected DUI driver has an extremely high BAC, the crime moves into an aggravated DUI. This is usually two or more times the legal limit, or it may be a specific BAC, such as 0.15% or higher. An “extreme DUI” carries the possibility of a longer prison sentence and higher fines, even if it’s your first offense.

Minors in the Vehicle

The presence of minors in the vehicle at the time of a DUI arrest can also result in an aggravated DUI. States have different age ranges for minors that will trigger enhanced DUI penalties. For example, some states require that the minor in the vehicle be younger than 16, while others set the maximum age for the minor at 12. You will likely have a child protective services case opened against you, as well.

Some states also increase the penalties for a DUI conviction if the offense occurs in a school zone, regardless of whether children were in the car or nearby.

Multiple DUI Convictions

When you get pulled over on suspicion of driving under the influence, the police officer conducts chemical tests and field sobriety tests. They will also check your driving history and your criminal record. If you have prior DUI charges and convictions within a certain period of time, you will likely face an aggravated DUI charge.

Courts will hand down elevated sentences if the driver has had prior DUI convictions. This includes one or more of the convictions occurring in another state. States give harsher punishments to repeat offenders to discourage people from driving under the influence of drugs or alcohol after their first DUI conviction.

States have different systems for penalizing repeat offenders. You should check your state’s law or consult an experienced DUI defense attorney for more information.

Causing Injury or Death

A DUI offense becomes an aggravated felony when you cause bodily harm to another person or kill someone while driving intoxicated. This usually results from a motor vehicle accident or striking a pedestrian. You will likely receive multiple charges related to the incident. You will also be open to civil lawsuits over the injuries.

Bodily injury or harm to another person includes causing permanent disability, disfigurement, or serious injury. This can include passengers in your vehicle and other people outside it.

If the DUI incident results in the death of another person, you will face vehicular manslaughter charges in addition to the DUI charge and any other crimes related to the accident. If you commit a second offense, you may be charged with murder.

Driving on a Suspended or Revoked License

A misdemeanor DUI becomes a felony DUI or aggravated drunk driving when you are driving with a suspended or revoked license. Penalties for this situation increase because you have blatantly disregarded the law by driving on a suspended or revoked license.

Excessive Speed

A state can charge you with excessive speed in addition to DUI. In some states, if a person exceeds the speed limit by a certain amount, it may also result in an aggravated DUI charge. For example, if police measured a DUI defendant driving 30 miles per hour over the posted speed limit, the defendant could face a much higher sentence than if they had driven 10 miles per hour over the speed limit.

Refusal to Submit to Testing

When they suspect intoxication or drunk driving, law enforcement will subject you to chemical tests and field sobriety tests. You have implied your consent to these tests as part of your driving privileges. Refusal to cooperate will often mean immediate driver’s license suspension, arrest, and jail time. Officers can force you to undergo testing anyway. Some states will charge you with aggravated DUI because of your refusal. This is also evidence the prosecution may use against you at trial.

Enhanced Penalties of an Aggravated DUI

Aggravated DUI is a serious charge that carries severe penalties, such as the following:

• You must complete a mandatory minimum jail sentence.
• You may have to undergo a drug and alcohol treatment program for substance abuse.
• You may need to perform community service as part of your probation.
• State laws require the revocation of your driving privileges for some time.
• If you have limited driving privileges reinstated, you would likely need to maintain an ignition interlock device on your vehicle for another period.
• You would also have to pay high fines and may need to reimburse for emergency services related to your case.

An aggravated DUI is often a felony. The fines and jail time are higher. Depending on your career, you can also face certain employment issues after a DUI. Legal representation is especially important when you face steeper penalties.

Charged With an Aggravated DUI? Get Legal Help

DUI arrests aren’t pleasant. Being arrested and charged with an aggravated DUI is even worse.

Whether you’re accused of having a particularly high BAC or a minor in the car, the penalties can be significantly increased for an aggravated DUI. It’s a good idea to seek legal advice. Contact an experienced DUI attorney near you today.