If you commit an additional offense at the time of your DUI, you may be charged with aggravated DUI. Some states do have a form of aggravated DUI charge, but use another name for it such as "extreme DUI," or "felony DUI," but in general, if someone is injured while you are drinking and driving, it is considered a major crime--and you will be charged with aggravated DUI. A first DUI conviction is typically a misdemeanor in most states, but felony charges surrounding your DUI turn it into a much more serious crime requiring the services of an attorney. The states that currently do not charge extra penalties for an aggravated DUI are:
- District of Columbia
- Maine
- Maryland
- New Jersey
- Pennsylvania
- Florida
- Washington.
Potential for Felony Charges
If you live in any other state besides the above, you can be charged with aggravated DUI. An aggravated DUI can add felony charges against you that are much more difficult and complicated to fight, and can permanently damage your driving record. The following, when combined with a "normal" DUI charge can result in an aggravated DUI charge:
- Driving in a school zone, whether or not you were speeding
- Not having valid proof of insurance at the time of your arrest.
- If your accident caused the injury or death of another.
- If you've had a prior conviction of reckless homicide.
- If you are driving a school bus with a minor--under the age of 15-18, depending on your state.
- If you are driving on a suspended or revoked license.
- If you've had two or more prior DUI convictions in the past 3-12 years, depending on your particular state's laws.
Penalties for an Aggravated DUI
If you receive an aggravated DUI felony charge, this conviction can affect your driving privileges and record for the rest of your life. The penalties you will face will be much more severe, and the long-term consequences of an aggravated DUI can include the inability to work at some jobs, jail time, huge fines, permanent license suspension, mandatory installation of ignition interlock device in some states, lengthy probation time and even the confiscation of your vehicle. In some states you can receive as much as three years in jail, and fines of over $100,000.
Always Seek Legal Advice
While getting a DUI is serious, aggravated DUI charges are a major consideration and require the assistance of a professional and experienced DUI attorney. While hiring an attorney will certainly cost you money, without the legal guidance an attorney can offer, you will be left with no valid defense, and financial charges that will make you wish you had hired an attorney when you had the chance.
