A DUI charge is considered aggravated if there are special aggravating factors present, such as a very high BAC, reckless driving, driving with a minor, or causing injury or death. Because these factors cause an elevated threat to public safety, these offenses are met with much more severe consequences than a typical DUI, such as mandatory jail time, high fines, and long-lasting repercussions to your life.

This guide explains the main consequences of an aggravated DUI.

1. Mandatory Jail or Prison Time

Mandatory incarceration is one of the most serious consequences of an aggravated DUI. Aggravated DUIs do not allow for probation or suspended sentences. Therefore, those found guilty almost always have to spend time in prison.

• First-time offenders: Sentences usually run from 30 days to one year in jail.
• Repeat offenders: Penalties escalate to several years in prison, especially if aggravating factors like injury or death are involved.

Courts generally have little discretion to decrease jail time for offenses involving aggravated DUIs, and incarceration is a likely result.

2. Substantial Fines and Financial Penalties

Fines for aggravated DUI convictions are steeper than standard DUI charges. These fines aim to penalize the offender and cover administrative costs associated with the legal process.

• Fines can range from $2,000 to upwards of $10,000 or more, depending on the offense and state.
• Additional costs may include court fees, probation fees, and restitution payments to victims for damages or medical expenses.

The financial burden of an aggravated DUI extends beyond fines, as offenders may face increased insurance premiums and other related costs.

3. Extended License Suspension or Revocation

Almost always, an aggravated DUI conviction results in the suspension or revocation of driving privileges. The state and circumstances of the offense determine the length of the suspension.

• License suspension: First-time offenders range from 1 to 5 years.
• Permanent revocation: Possible for repeat offenders or cases involving severe aggravating factors, such as fatalities.

Offenders typically need to take a DUI education program to restore a full driving license. They may need to install an ignition interlock device (IID) to qualify for a restricted license.

4. Mandatory Ignition Interlock Device (IID) Installation

Many states require aggravated DUI offenders to install an ignition interlock device (IID) as a condition of license reinstatement. This device stops the vehicle from starting unless the driver gives a breath sample free from alcohol.

• IID installation costs range from $70 to $150, and monthly monitoring fees are $60 to $100
• Offenders are required to use the IID for 6 months to 2 years, depending on the severity of the offense.

5. Probation and Monitoring

Aggravated DUI convictions typically entail probation of a lengthy duration under strict conditions. During probation, offenders may be required to:

• Abstain from alcohol and drugs.
• Submit to random alcohol or drug testing.
• Meet a probation officer at regular meetings.

Failure to comply with probation terms can lead to additional penalties, including jail time.

6. Enrollment in DUI Education and Treatment Programs

As a part of the sentence, most states require aggravated DUI offenders to complete a DUI education program or substance abuse treatment. These programs are designed to educate offenders on the dangers of impaired driving and address any underlying issues, such as addiction.

• Programs run anywhere from 12 to 30 hours over several weeks.
• Typically, the costs for these programs fall to the offender.

Taking part in these courses may be necessary before driving privileges are restored.

7. Civil Liability and Restitution

In aggravated DUI cases where injury or property damage is inflicted, offenders may be liable in a civil suit on top of receiving criminal penalties.

• Courts may order offenders to pay restitutions, medical bills, lost wages, and/or property repairs.
• In addition to those damages, victims or their families may sue, and if that occurs, the potential liability can become quite substantial.

These consequences can have long-term financial and legal implications for the offender.

8. Long-Term Impact on Employment and Background Checks

There can be lasting job implications and damage to a personal reputation with aggravated DUI convictions. These charges often appear on criminal background checks, making securing certain jobs or professional licenses difficult.

• Employers may be reluctant to hire individuals with aggravated DUI convictions, especially for roles that involve driving.
• Convictions can also affect immigration status, housing applications, and eligibility for certain government benefits.

An aggravated DUI can have a stigma that continues to affect relationships personally and professionally for years.

Bottom Line

The consequences of an aggravated DUI reach far beyond the courtroom; these charges come with severe punishments and consequences such as mandatory jail time, financial burdens, and long-term impacts on one’s personal and professional life. Knowing these consequences is essential for navigating the legal process and planning your future.

If you’re charged with an aggravated DUI, it’s crucial to get legal representation. Having an experienced DUI lawyer can assist you in knowing what your rights are in such cases, help you choose the best defenses for your charge, and reducing the impact of your charges.