The penalties for driving under the influence (DUI) are severe and typically include thousands of dollars in fines, possible jail time, and consequences for your driver's license and record that can last years. These penalties are exacerbated when the DUI involves certain aggravating factors. Depending on the state, factors that can lead to enhanced DUI penalties might include having minor children in the vehicle, excessive impairment, and causing injuries or property damage. This article discusses some of the factors that often increase the possible penalties for a DUI offense.
The impact of aggravating factors on DUI penalties depends mostly on a state's statutes. State DUI statutes generally specify the minimum and maximum penalties for a DUI conviction and the classification (misdemeanor or felony) for each type of DUI offense.
Aggravating factors typically increase possible penalties for a DUI conviction and can elevate the offense classification (in some cases, from a misdemeanor to a felony).
For example, suppose a standard first DUI is a class C misdemeanor and carries a maximum $500 in fines and up to six months in jail in a given state. For the same offense that involves a certain aggravating factor, the offense might be classified as a class A misdemeanor and the possible penalties might be enhanced to a maximum of $1,000 in fines and up to a year in jail.
If a state's statutes don't specifically address a certain aggravating factor, it is up to the judge to decide how the factor should impact sentencing. State laws specify penalty ranges, but the judge will normally consider aggravating and mitigating factors in deciding how to sentence an offender within the allowable ranges.
Almost by definition, DUI offenses involve some sort of other unsafe behavior. However, some DUI aggravating factors focus on circumstances that make drunk driving even more dangerous. Some of the circumstances that fall into this category include:
Some other aggravating factors are aimed at punishing offenders more severely because of the harm they caused. For example, the aggravating factors in many states include:
The remainder of DUI aggravating factors are geared toward deterrence. These types of sentencing enhancements impose stiff penalties on repeat offenders and offenders who are uncooperative with the DUI investigation.
The presence of any of these factors will impact how the DUI is charged and how it is penalized.
First-offender programs. Most courts offer reduced penalties or even dismissal for offenders that complete a specified first-offender rehabilitation program. However, drivers that had aggravating factors such as child passengers or high BAC are often ineligible for program participation.
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