{"id":286708,"date":"2016-04-04T10:45:08","date_gmt":"2016-04-04T15:45:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/aggravated-dui.html"},"modified":"2026-03-30T12:09:08","modified_gmt":"2026-03-30T17:09:08","slug":"aggravated-dui","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/aggravated-dui.html","title":{"rendered":"Aggravated DUI"},"content":{"rendered":"\n
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Aggravated DUI<\/h1>\n\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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An aggravated <\/span>driving<\/span> under the influence<\/span> (DUI) charge is more serious than a standard DUI<\/span>. It involves aggravating factors<\/span>, such as repeat offenses, excessive speeding, and high blood alcohol concentration<\/span> (BAC<\/span>) levels. Aggravated <\/span>DUI convictions<\/span> have harsher penalties<\/span>, so getting a strong legal defense strategy<\/span> is essential.<\/p>\n\n <\/div>\n\n\n\n

Driving under the <\/span>influence<\/span> of alcohol<\/span> 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<\/span> charge<\/span>.<\/p>\n

You can face a felony or aggravated DUI even if it\u2019s your first time<\/span> with a drunk driving<\/span> charge. If you or your family member face an aggravated <\/span>DUI case<\/span>, get legal advice<\/span> promptly.<\/p>\n

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

What Is Aggravated DUI?<\/h2>\n

An aggravated DUI is an enhanced criminal charge<\/span> of driving under the influence<\/span> that can lead to higher penalties. These DUI cases<\/span> include the presence of aggravating factors<\/span>. These factors raise the basic charge to a more serious one, and they increase the range of\u00a0potential sentences<\/a>.<\/p>\n

State laws define when a DUI is aggravated. Depending on your local statutes, you\u00a0may also see the terms<\/a>\u00a0“driving while intoxicated” (DWI), “operating under the influence” (OUI), or “operating while intoxicated” (OWI). Those terms refer to the same criminal offense<\/a>, but the addition of the term \u201caggravated\u201d means it is an even more serious offense<\/span>.<\/p>\n

How Does an Aggravated DUI Differ From a Normal DUI?<\/h3>\n

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\u2019s intoxication. This factor usually shows a higher level of danger to the public or a more extreme violation of the law.<\/p>\n

While a standard DUI charge is a misdemeanor, aggravated DUI is usually a felony.\u00a0The penalties of an aggravated DUI go well beyond the sentences typically imposed after a DUI conviction<\/span>. Certain legal defense opportunities, such as pretrial diversion programs<\/a>, might not be available in an aggravated <\/span>DUI case<\/span>.<\/p>\n

Common Aggravating Factors<\/span> of a Felony DUI<\/span><\/h2>\n

Below are a few examples of situations that can lead to an aggravated DUI charge<\/span> with\u00a0enhanced penalties. The factors and potential punishments vary among states, so you\u2019ll need to look at the law of the state that has brought DUI charges<\/a>.<\/p>\n

Extremely High Blood Alcohol Concentration<\/span><\/h3>\n

All state DUI laws<\/span> set a legal limit for\u00a0blood alcohol concentration<\/span> (BAC<\/span>)<\/a>. The specific limit for a driver\u2019s <\/span>BAC<\/span> can vary by state. Most states recognize 0.08%, but a trend exists to lower this limit to 0.05%.<\/p>\n

The\u00a0law presumes<\/a>\u00a0anyone caught driving with a BAC<\/span> level<\/span> over their state\u2019s legal limit has\u00a0committed a DUI. They need no further proof of intoxication.<\/p>\n

When tests reveal that a suspected DUI driver has an extremely high <\/span>BAC<\/span>, the crime moves into an aggravated DUI. This is usually two or more times the legal limit, or it may be a specific BAC<\/span>, such as 0.15% or higher. An “extreme DUI” carries the possibility of a longer prison sentence<\/span> and higher fines, even if it\u2019s your first offense<\/span>.<\/p>\n

Minors in the Vehicle<\/h3>\n

The presence of minors in the vehicle at the time of a DUI arrest can also result in an\u00a0aggravated 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.<\/p>\n

Some states also increase the penalties for a DUI conviction<\/span> if the offense occurs in a school zone, regardless of whether children were in the car or nearby.<\/p>\n

Multiple DUI Convictions<\/span><\/h3>\n

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

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

States have different systems for penalizing repeat offenders<\/span>. You should check your state\u2019s law or consult an experienced DUI defense attorney<\/span> for more information.<\/p>\n

Causing Injury or Death<\/h3>\n

A DUI offense<\/span> 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<\/span> 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.<\/p>\n

Bodily injury or harm to another person includes causing permanent disability, disfigurement, or serious injury<\/span>. This can include passengers in your vehicle and other people outside it.<\/p>\n

If the DUI incident results in the death of another person, you will face\u00a0vehicular manslaughter<\/a>\u00a0charges 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.<\/p>\n

Driving on a Suspended or Revoked License<\/h3>\n

A misdemeanor DUI<\/span> becomes a felony DUI<\/span> or aggravated drunk driving<\/span> 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\u00a0suspended or revoked license<\/a>.<\/p>\n

Excessive Speed<\/h3>\n

A state can charge you with\u00a0excessive speed<\/a>\u00a0in 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<\/span>. 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.<\/p>\n

Refusal to Submit to Testing<\/h3>\n

When they suspect intoxication or drunk driving<\/span>, law enforcement<\/span> will subject you to chemical tests and field sobriety tests. You have implied your consent to these tests as part of your driving privileges<\/span>.\u00a0Refusal to cooperate<\/a>\u00a0will often mean immediate driver\u2019s <\/span>license<\/span> suspension<\/span>, arrest, and jail time<\/span>. 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.<\/p>\n

Enhanced Penalties of an Aggravated DUI<\/h2>\n

Aggravated DUI is a serious charge that carries severe penalties, such as the following:<\/p>\n