DUI and DWI laws forbid a person to operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both. In most states, that means that a person is legally impaired if their blood alcohol content (BAC) is 0.08 percent or higher. The BAC limit is even lower for commercial drivers and drivers under 21.
The severity of DUI/DWI penalties depends on several things, such as if you have had DUIs or DWIs before, how much alcohol you had in your body, and other conditions present at the time of arrest. An aggravated DUI/DWI occurs when certain aggravating factors are present, making the offense more dangerous or reckless. Unlike a standard DUI/DWI, an aggravated DUI/DWI is often charged as a felony and carries significantly harsher penalties.

- Aggravating factors can include:
- High blood alcohol concentration (BAC)
- Child endangerment
- Prior DUI/DWI convictions
- Driving with a suspended or revoked license
- Causing injury or death
- Excessive speeding or reckless driving
- Driving in a school zone or construction zone
- Refusal to submit to chemical testing
- Large-scale property damage
- Presence of hazardous materials
- Commercial driver’s license (CDL) holder violations
- Open alcohol containers
- Use of illegal drugs or controlled substances
- Involvement in a police chase

The most significant difference between a standard DUI/DWI and an aggravated DUI/DWI is the harshness of the penalty. A first-time standard DUI/DWI is usually a misdemeanor, but an aggravated DUI/DWI can be charged as a felony.
The following table highlights key differences:

Standard DUI/DWI
Charge Level: Misdemeanor (for 1st offense)
Jail Time: 1-10 days
Fines: $500 - $2,000
License Suspension: 6 months to 1 year
Additional Charges: None

Aggravated DUI/DWI
Charge Level: Misdemeanor or Felony
Jail Time: 30 days to several years
Fines: $2,000 - $10,000+
License Suspension: 1 year to permanent
Additional Charges: Child endangerment, felony, injury-related charges

Charges for aggravated DUI/DWI carry with them very harsh penalties. While the exact consequences vary by state, the following penalties are common for first-time offenders:

- Jail Time: A standard DUI/DWI charge may not put you in jail if you’re a first-time offender, but aggravated charges almost always do.
- Fines: An aggravated DUI/DWI will have a much higher fine than a standard DUI/DWI. First-time offenders can be subject to fines ranging from $2,000 to $10,000, and second-time offenders have higher fines.
- License Suspension: An aggravated DUI/DWI can result in a license suspension that lasts much longer than a regular one. Offenders may lose their driving privileges for 1 to 5 years, or even permanently, depending on the severity of the offense.
- Ignition Interlock Device (IID) Requirement: Although IIDs are common for DUI/DWI convictions, they are usually necessary for aggravated DUI/DWI offenses in most states.
- Child Endangerment Charges: If a child was in the vehicle when the arrest was made, child endangerment charges may be tacked onto the aggravated DUI/DWI.

If you’ve been charged with a DUI, contact a DUI attorney today and discover what options you have available to you and how you can build a strong defense against the charge.