How do I know if my drunk driving offense was an Aggravated DUI?

Aggravating factors in DUI arrests include having a DUI while also committing other offenses.  There are 3 main types of aggravated DUI:

• Driving on a suspended or revoked license.
• Having a DUI with prior offenses on your record.
• Having a minor in the car when committing the DUI.

These 3 main types of aggravated DUI can encompass these 6 actions:

• The driver commits a DUI and has 2 or more prior convictions in the last 5 years.
• The driver commits a DUI and has a suspended, revoked, or cancelled license.
• The driver is driving a school bus with children under 18 years of age on board and commits a DUI.
• The driver commits a DUI and has a prior conviction of reckless homicide.
• The driver commits a DUI and has no valid driver’s license or auto insurance.
• The driver commits a DUI while driving in a school zone regardless of the speed that the car is travelling.

Most, though not all states, have aggravated DUIs on their books.  Aggravated DUIs carry enhanced penalties in addition to the penalties incurred from basic DUIs.  Basic DUIs are usually misdemeanors, while aggravated DUIs are at least an enhanced misdemeanor, and are often felonies in most states.

If you commit a basic DUI, but the victim of your accident is either injured or dies, you could be facing aggravated DUI charges.

Increased penalties usually are penalties for felonies and include the following:

• Fines
• Community service
• Jail time
• Lengthy probation
• Lengthy or permanent suspension of license
• Mandatory interlock devices in some cases
• Confiscation of the vehicle in some cases

Talk to a defense attorney for a case review and for obtaining legal advice regarding your options under drunk driving laws.