Aggravated DUI – Is DUI a Felony? – Aggravated DWI – Aggravated DUI Penalties – Enhanced DUI
An aggravated DUI or aggravated DWI offense occurs when the defendant, while driving under the influence of alcohol, is involved in an accident where another person is injured or killed. Aggravated DUI offenses are usually classified as a DUI felony. The basic difference between the two is that enhanced offenses are usually filed against DUI repeat offenders, while aggravated DUI offenses are filed in DUI or DWI cases involving injury or death.
Enhanced DUI-DWI offenses should not be confused with aggravated drunk driving offenses. An enhanced DUI is an ordinary misdemeanor DUI or misdemeanor DWI offense that is transformed into a higher misdemeanor or DUI felony offense by the allegation and proof of certain pre-existing conditions or circumstances, usually the existence of one or more prior DUI convictions (multiple DUIs) against the defendant. Enhanced DUI offenses are punishable by more severe DUI penalties than ordinary misdemeanor drunk driving offenses. In some states the enhancement of a drunk or impaired driving offense may be caused by conditions or circumstances other than prior convictions (e.g., driving while under suspension, a prior implied consent testing refusal, etc.). The conditions or circumstances that may form the basis of an enhanced offense vary in each state.
Is DUI a Felony? – DUI Felony – Felony DUI Lawyer – Is Dui a Criminal Offense?
Most aspects of enhanced drunk driving or impaired driving cases are similar to misdemeanor DUI cases. In both types of cases the prosecution must allege and prove each element of the drunk or impaired driving offense charged. In an enhanced DUI case however, the prosecution must also allege and prove the conditions or circumstances giving rise to the enhancement, usually the existence of one or more valid prior DUI or prior DWI convictions against the defendant.
If you are facing enhanced DUI or aggravated DUI charges, contact us to speak to a top DUI attorney about your case and find out how an experienced criminal defense lawyer can fight for your legal rights. We are available 24 hours per day, 7 days a week at 1-855-350-TEAM. You can also submit your case details and a local DUI lawyer will contact you for a free, no-obligation case evaluation.
Copyright 2015. William C. Head. All Rights Reserved.