Each state has enacted its own anti-drinking and driving laws, however, in all states it is illegal to drive with a blood alcohol concentration (BAC) of .08% or above. Also, most states have made it so a driver can be charged with DUI so long as their ability to drive safely is impaired be drugs or alcohol, regardless of their BAC.

While each state has different penalties for DUI and DWI offenses, generally a first DUI offense is prosecuted as a misdemeanor. However, there are "aggravating factors" that can enhance the penalties or elevate the DUI to a felony depending on the facts of the case.

Mitigating vs. Aggravating Factors

In a criminal case, "mitigating" factors reduce a defendant's punishment because they help justify or explain the defendant's criminal behavior, for example, the driver's BAC was just below the legal limit.

On the other hand, "aggravating" factors make a DUI case more serious and the courts less inclined to go easy on the defendant or negotiate a plea deal.

Common examples of aggravating factors in a DUI case:

• Speeding
• Driving with a child passenger in the vehicle
• Having a high BAC (typically above .15%)
• Refusing to submit to a chemical test
• Causing bodily injury or death to someone else
• Killing multiple victims
• Having prior DUIs
• Having a prior felony DUI

Generally, when there are aggravating factors present in a DUI case, it means the DUI defendant faces higher fines, a longer term of incarceration, an Ignition Interlock device, a longer license suspension, and more.

The way law enforcement and lawmakers see it, not all DUIs are created equal. For example, a simple first DUI offense may involve no accident or injuries and a BAC at .08%. In contrast, a more serious DUI can involve a BAC of .18%, and an accident involving three fatalities. For that reason, lawmakers have established enhanced penalties for the more serious DUI cases.

If your DUI case involves "aggravating factors," contact an experienced DUI attorney for an aggressive defense!