Driving under the influence (DUI) charges often occur following traffic stops or car crashes. People arrested for chemical impairment can lose their licenses and spend time in state custody after a conviction. The courts have the authority to impose an assortment of different penalties depending on the circumstances.
In some cases, prosecutors may bring aggravated DUI charges against a driver instead of standard DUI allegations. Typically, there need to be specific complicating or aggravating factors present to justify an aggravated DUI charge.
When can the state pursue aggravated DUI charges against a motorist?
When they have multiple prior convictions
Many criminal statutes have progressive penalties. The consequences the courts can impose during sentencing increase with each subsequent conviction. In DUI cases, the penalties increase with each new charge. After two prior DUI convictions, prosecutors can pursue felony aggravated DUI charges for those who continue to make the same mistake.
When they have high blood alcohol levels
Many DUI charges are technical offenses. People fail a chemical test, and their elevated blood alcohol concentration (BAC) is the justification for their prosecution. They don't need to drive poorly or cause a crash for the state to charge them. If they have a particularly high BAC, the state can pursue aggravated DUI charges. Adults with a BAC of 0.08% or higher can face DUI charges. Once a BAC reaches 0.15%, prosecutors can pursue aggravated DUI charges.
When a driver injures others
Sometimes, aggravated DUI charges result from a collision. If an allegedly impaired motorist caused a crash where other people died or sustained injuries, prosecutors can pursue aggravated DUI charges.
When there are minors in the vehicle
Perhaps the person accused of drunk driving is a college student driving their teenage siblingshome from a party. Maybe the person accused is a parent with their own children in the vehicle. If a driver gets arrested for a DUI with passengers under the age of 18 in the vehicle, the state can then pursue aggravated DUI charges.
Fighting aggravated DUI charges can be even more important than responding to basic DUI allegations. A conviction could result in a more serious criminal record and more significant criminal penalties. Those facing aggravated DUI charges may need help reviewing the state's case and developing a reasonable defense strategy, and that’s okay.