What Is An Aggravated DUI? (2024 Guide)

In every U.S. state, including the District of Columbia, it is illegal to operate a motor vehicle with a blood-alcohol content (BAC) of 0.08 percent or higher. This is already considered a serious criminal offense, but an aggravated DUI is even worse.

An aggravated DUI is when a person is found to be driving under the influence of alcohol or drugs while also committing another offense. This is indicated by specific “aggravating influences” that are present or that occur at the time of the incident, resulting in a much more severe charge. While a normal DUI or DWI is a serious offense, many states consider at least the first offense to be a misdemeanor. The presence of aggravating factors may increase a DUI from a misdemeanor to a felony and lead to enhanced penalties.

Reasons a DUI charge may be elevated to an aggravated DUI charge include the following:

1. Driving with a license that is suspended, revoked or restricted
2. Driving under the influence while transporting a minor (age of minor varies by state)
3. Multiple DUI or DWI charges within a period of time (varies by state)

These factors can increase the severity of any DUI case, regardless of whether the driver is a first time offender or not.

The circumstances around each DUI case may vary, and so too will the aggravating or mitigating factors that affect the severity of the offense.

Aggravating Factors in a DUI

The presence of aggravated factors can increase the negative impact of the crime, as well as the penalties for driving under the influence. These factors may include getting a DUI charge along with:

• Having a suspended, restricted or revoked drivers license
• Having a very high blood-alcohol content (BAC)
• Child endangerment, or having a minor passenger in the vehicle
• Committing a hit-and-run or a serious accident that results in injury or death
• Driving with a commercial driver’s license (CDL) and a commercial vehicle
• Refusing to comply with a chemical test for breath, blood or urine
• Being under 21
• Being convicted of multiple DUI, DWI, OUI, OWI or related drunk driving offenses within a certain period of time, determined by the state

Mitigating Factors in a DUI

While mitigating factors may not help an offender escape the minimum penalties for a DUI charge, they may make a judge more likely to allow the defendant to plead down to a lesser penalty, such as reckless driving. They may also result in a driver receiving probation rather than jail time. Mitigating factors in a DUI may include:

• No prior criminal history and a clean driving record
• Low blood-alcohol content (BAC)
• Voluntarily seeking treatment for substance abuse (alcohol and/ or drugs)
• Accepting responsibility for the incident

If charged with a DUI, a DUI attorney can help advocate for a lesser sentence and protect the defendant’s legal rights throughout the litigation process.

During a traffic stop and DUI investigation, a law enforcement officer will request to see the driver’s license and proof of insurance. In the event the driver has a suspended license and they are unable to provide proof of insurance, the officer may charge the driver with aggravated DUI. The same may apply if the driver’s license has been revoked or restricted.

A driver with a very high blood alcohol limit that is 0.16 percent — double the legal limit of 0.08 percent or under — could receive an aggravated DUI.

If a driver is involved in a hit-and-run, or an accident in which someone was seriously injured or killed or a crash (even if it’s the driver’s passenger), the driver could be convicted of a felony DUI. The same applies if a driver causes a crash that results in major property damage.

A driver under the influence of drugs or alcohol who is speeding 20 miles or more above the speed limit, or who has a minor under 15 in their vehicle, could face an aggravated DUI charge. (Check your state laws to learn what age is considered a “minor.”)

A driver under the age of 21 who has been drinking could receive an aggravated DUI.

When suspected of driving under the influence of alcohol or drugs, a driver who refuses to participate in a chemical test of blood, breath or urine when suspected of DUI can result in aggravated DUI.

A person with at least two DUI convictions in the past three to 12 years may also be charged with aggravated DUI. The number of years to number of convictions ratio depends on individual state laws.

The penalties for driving under the influence are different in every state. First-time DUIs are usually a misdemeanor. A person who is convicted of a drunk driving offense with aggravating influences, even if it is a first offense, could result in the judge imposing the maximum DUI sentence available. This may also include increased punishments, as well as leveling up the DUI from a misdemeanor to a felony. Most aggravated DUI cases result in the person facing mandatory jail time.

Penalties may include:

• A misdemeanor or felony conviction
• Mandatory jail time
• Substantial fines and fees
• Revocation of drivers license
• Probation
• Mandatory ignition interlock device (IID)
• Mandatory alcohol treatment and education classes
• Seized or impounded vehicle
• Community service

Additionally, most jurisdictions deny people with felony convictions specific rights, such as the right to vote, hold public office, employment and career limitations and more. An aggravated DUI conviction could also result in increased auto insurance rates or denial of auto insurance coverage. You could also face civil liability for any bodily injury or property damage caused, including a possible manslaughter, murder or homicide conviction.