So You Got An Aggravated DUI, Now What?

So, you got an aggravated DUI, now what? It’s a question most people will have on their minds after facing an aggravated DUI charge and it is usually followed by: Why do I have an aggravated DUI rather than just a DUI? What are the penalties? What can I do about it?

1. What is an aggravated DUI?

A DUI means driving under the influence of alcohol and/or drugs. For a DUI to be considered an aggravated DUI, it means that there was an aggravating factor related to the DUI offense that increased the severity or culpability of a criminal act. Put simply, an aggravated DUI means that there were other factors at play that made the offense worse that it would normally have been. 

2. Aggravated DUI factors

Drunk driving has several aggravating factors that you should be aware of, for example:

• High BAC

If your blood alcohol limit (BAC) is above .05% then you can be convicted of driving while ability impaired (DWAI). If your BAC is above .08% then you can be convicted of a DUI. If your BAC is extremely high�"for example, if it is over .2%�"then the law requires that stricter penalties are applied, such as a minimum of 10 days mandatory jail time and potentially larger fines. 

• You have a minor in the car 

Driving with a minor in the car is a common cause of aggravated DUI charges. If you are stopped on suspicion of DUI and you have a minor in the car at the time then a prosecutor can add charges of child abuse to your case. In Colorado, you can face negligent child abuse charges if the minor in your car is 16 years of age or younger.

• Reckless or careless driving

Reckless driving is defined as driving with a “wanton or willful” disregard for the safety of other individuals or their property. Careless driving, on the other hand, is considered to be driving in a “careless and imprudent manner” with no regard to the traffic or the layout of the road (such as its width, corners, and curves). If a prosecutor believes that you were driving in this manner during your alleged DUI then you may face additional charges. 

• DUI Accident

If it is argued that you caused a DUI accident that resulted in an injury or death, you could face a third-degree assault, or a vehicular assault while DUI, or a vehicular homicide while DUI. All of these charges carry more serious penalties with them and, in the case of the latter two, they could result in a felony DUI charge instead of a DUI misdemeanor.

3. Finding a defense lawyer to fight your aggravated DUI

When faced with any kind of DUI charge, you should always discuss your case with an experienced DUI defense attorney who can explore your options in managing the aggravated penalties associated with your case.

Author's Note

The author of this article is a lawyer in DUI Law Firm Denver that brings a unique combination of knowledge, skills, and experience to the fight on your behalf. We know the law, science, how to win and what you're going through.