DUI and Reckless Driving: Aggravting Circumstances?

An aggravating circumstance is one that adds to guilty or injury.  In the case of a DUI reckless driving charge, you are not likely to face jail time on your first offense, unless you have an aggravating circumstance.  

Examples of Aggravating Circumstances

Depending on the state in which you reside, aggravating circumstances can include: 

• During the DUI, you were in an accident with another car.
• During the DUI, you were in an accident that injured someone.
• Your blood alcohol content (BAC) was .20 or more.
• During the DUI, you had children under the age of 14 in your car.  In this instance, you may also face a child endangerment charge, which can result in 30 days in jail and one year of parenting classes.
• During your arrest, you refused to submit to a chemical test of your breath or blood to determine blood alcohol content.
• You are on probation for some other charge during you DUI.
• You are license is expired or has been suspended at the time of the DUI.
• You have been charged or convicted with DUI’s within a relatively short period of time.
• You were driving recklessly and/or over 20 or more mph over the speed limit.
• You are under the legal drinking age of 21.
• You are charged with a DUI and a hit and run.

What Happens if There are Aggravating Circumstances?

Under normal circumstances, if you are facing a DUI, you can be offered a typical range of plea bargains.  If the prosecutor in your case learns of aggravating circumstances such as those above, he or she will most likely seek further penalties, which can include:

• Jail time, varying from several hours to days or more
• Community service
• Heftier fines
• Alcohol programs and AA meetings

An important note on DUI’s involving injuries - if you cause injury to someone other than yourself, you may have a required jail term (even a short one) as well as a yearlong license suspension.  If even more serious injuries have resulted from your DUI, you can be charged with a Felony DUI, and face 16 months in the state penitentiary. 

Getting Help

If you are facing DUI and other reckless driving charges, particularly those involving aggravating circumstances, it is highly advisable that you hire an attorney to represent you.  Be sure you attorney is familiar with the statutes in your state, and also with the particulars of your case.