A normal DUI usually involves driving with a prohibited blood alcohol concentration (BAC) or while impaired by alcohol or drugs. However, when specific conditions make the situation more dangerous or the driver more culpable, the charge can be elevated to aggravated DUI. In most jurisdictions, aggravated DUI is treated as a felony rather than a misdemeanor, which means the potential penalties are significantly harsher.
Common aggravating factors include driving with a very aggravated dui meaning high BAC (for example, twice the legal limit), driving while impaired with a child or minor passenger in the vehicle, causing a crash that results in injury or death, driving impaired without a valid license or insurance, or having multiple prior DUI convictions. Some states also elevate the charge if the DUI occurs in a school zone, work zone, or while driving a commercial vehicle. The presence of any of these conditions signals to the law that the driver’s conduct created a higher level of risk to public safety.
The consequences of an aggravated DUI are typically more severe than a standard DUI. Possible penalties may include jail or prison time, higher fines, mandatory substance abuse treatment, ignition interlock device installation, longer license suspension or revocation, probation, and a permanent felony record. Because aggravated DUI is often classified as a felony, the conviction can have long-running effects on employment, housing, professional licensing, voting rights, and firearm ownership, depending on local laws.
The purpose of the aggravated DUI category is deterrence and public protection. Lawmakers recognize DUI as already dangerous behavior, but certain behaviors within it are so risky that the criminal justice system responds with escalated punishment. It also reflects a moral judgment: the more a person knowingly endangers others, the more serious the legal response becomes.