Aggravated DUI

Many states have imposed higher penalties for aggravated misdemeanors and felonies when dealing with DUI offenders.  An aggravated DUI is a charge resulting from repeat drunk driving offenses within a certain period of time, an accident or injury occurring while driving drunk, and other specific situations that “aggravate” the offense of a DUI.  These typically result in increased penalties and consequences to the driver, and most often felony versus misdemeanor charges being filed against them.

What is an Aggravated DUI?

Aggravated DUI charges may result in most states when a driver is committing additional offenses at the time of a DUI.  More often than not, these aggravated DUIs result in felony charges against the driver that are much more difficult to fight and can permanently scar a driving record.  The following occurrences, when combined with a normal misdemeanor DUI charge, may result in this aggravated DUI charge:

• Two or more prior convictions in the past 3 to 12 years, depending upon the state’s laws
• Driving on a suspended, revoked or otherwise invalid license
• Driving a school bus or with a minor under the age of 15 to 18, according to state laws
• When injury or death occurs as a result of an accident
• Prior conviction of reckless homicide
• No valid insurance
• Driving in a school zone, regardless of whether the driver was speeding

States that Charge Aggravated DUIs

Nearly every state now has felony or aggravated misdemeanor charges and penalties that may apply to an aggravated DUI.  The following states and districts do not:

• District of Columbia
• Maine
• Maryland
• New Jersey
• Pennsylvania
• Florida
• Washington

Aggravated DUI Penalties

In a state which allows an aggravated DUI felony charge, this type of conviction will typically affect a driver’s permanent record for life.  Felony or aggravated charges will usually result in stiffer penalties and long-term consequences such as:

• Automatic disqualification for some jobs
• Required incarceration
• Community service
• Lengthy probation
• Substantial fines
• Lengthy or permanent license suspension
• Mandatory installation of ignition interlock devices
• Confiscation of the driver’s vehicle

Twenty-seven states require a minimum incarceration of 48 hours to 3 years in federal prison and fines of $390 to $150,000 as a result of a felony DUI charge.

Legal Help

Retaining the services of a local attorney familiar with your state’s DUI laws may increase your chances of reducing the charges against you and the long-term effects a felony conviction carries.  Only specialized knowledge of the complex legal process involved in defending an aggravated DUI charge can determine your best course of action, and whether you may have additional options when being prosecuted and threatened with a felony conviction.