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Driving under the influence charges carry serious consequences, but penalties can become far more severe when aggravating factors are present. Courts consider these circumstances when determining sentencing, often leading to harsher fines, longer license suspensions, and possible jail time.
Aggravating factors include high blood alcohol concentration (BAC), repeat offenses, accidents involving injury, and having minors in the vehicle. In some states, even a BAC significantly above the legal limit (for example, .15 or higher) can double penalties compared to a standard DUI.
A first-time DUI often results in fines, probation, or mandatory education programs. However, repeat offenders face progressively severe consequences, including extended license revocations, ignition interlock device requirements, and mandatory minimum jail sentences. Some states classify multiple DUIs as felonies.
When a DUI results in bodily harm or death, charges escalate dramatically. Drivers may face vehicular assault or manslaughter charges, which carry years of imprisonment. Civil lawsuits from victims or their families may also follow, adding financial liability to criminal consequences.
Driving under the influence with a child passenger is viewed as especially reckless. Many states impose enhanced penalties, including child endangerment charges, which can result in separate criminal convictions and long-term consequences for custody rights.
An experienced DUI defense attorney examines police procedures, breathalyzer accuracy, and the circumstances of the arrest. Even in cases with aggravating factors, strong legal defense may reduce penalties by challenging evidence or negotiating plea deals.
