What Is Aggravated DUI?

All DUI charges carry serious penalties, but when certain circumstances make the offense more severe, it can be charged differently. If you’re facing an aggravated DUI charge, it’s important to understand what it means so that you can develop a strong defense.

So, what is an aggravated DUI? An aggravated DUI is a DUI charge that’s been upgraded due to aggravating factors. Aggravated DUIs typically carry harsher sentences than standard DUIs.

If you’ve been charged with an aggravated DUI, you may be facing life-changing penalties. A Tacoma DUI lawyer can take on your case and help fight for a favorable outcome.

What Is an Aggravated DUI?

An aggravated DUI is a standard DUI charge that gets elevated due to aggravating factors, such as a high blood alcohol concentration (BAC), prior DUI convictions, or the presence of a child in the vehicle. These circumstances elevate the offense and typically lead to harsher penalties, including felony charges, longer jail time, and extended license suspension.

What’s the Difference Between a DUI and an Aggravated DUI?

The key difference between a standard DUI and an aggravated DUI is the presence of aggravating factors, or circumstances that increase the severity of the offense.

A regular DUI generally involves operating a motor vehicle with a blood alcohol concentration of 0.08% or higher. An aggravated DUI, on the other hand, occurs when there are additional factors that make the offense more dangerous or irresponsible. 

While a standard DUI is typically charged as a gross misdemeanor in Washington, an aggravated DUI can rise to the level of a felony.

What Are Aggravating Factors in a DUI Case?

Several circumstances can turn a routine DUI into an aggravated one, including:

• Prior DUI convictions: Having multiple DUI offenses on your record, especially within the last 10 years, can lead to a felony charge.
• High BAC: A BAC that’s significantly above the legal limit may qualify as aggravated.
• Child passenger: Driving under the influence with a minor (typically under 16) in the vehicle is a major aggravating factor.
• Accidents or injuries: Causing a crash that leads to property damage, serious injury, or death while impaired will usually lead to enhanced charges.
• Driving on a suspended license: If you’re caught driving under the influence while your license is suspended or revoked, you’ll receive harsher penalties.
• Refusing a breath or blood test: Refusal to comply with BAC testing can also be considered an aggravating factor.

Penalties for Aggravated DUI in Washington State

The penalties for aggravated DUI in Washington vary depending on the specifics of the case. That said, common consequences include:

• Longer jail sentences: Aggravated DUI often results in up to a year in jail, or even longer if the crime is charged as a felony.
• Heavier fines: You could face thousands of dollars in fines, particularly if property damage or injury occurred.
• Driver’s license suspension: Your license could be suspended for up to four years (or, in felony cases, permanently revoked).
• Ignition interlock device (IID): Courts often require installation of an IID, which prevents you from starting your car if you’ve consumed alcohol.
• Alcohol/drug treatment programs: Mandatory enrollment in treatment or education programs is likely.
• Felony record: If your DUI is classified as a felony, it becomes part of your permanent criminal record and can affect your employment and housing opportunities.

When Is Aggravated DUI a Felony?

According to RCW 46.61.502, a DUI becomes a felony in Washington State when you:

• Have been charged with three or more DUIs within the past 10 years
• Have a prior conviction for vehicular homicide or vehicular assault involving drugs or alcohol
• Were driving on a suspended or revoked license due to a prior DUI
• Caused serious bodily injury or death while driving under the influence

Can an Aggravated DUI Be Reduced to a Regular DUI?

Yes, in some cases, an aggravated DUI can be reduced to a standard DUI or even a lesser charge, such as reckless driving or negligent driving 1º. Your odds of doing so will depend on:

• The strength of the prosecution’s evidence
• Whether the aggravating factors are disputable
• Whether you have a prior criminal record
• The effectiveness of your DUI attorneys

How Long Does an Aggravated DUI Stay on Your Record?

In Washington State, DUI convictions—whether standard or aggravated—stay on your criminal record for life. They cannot be expunged or sealed.

How Do You Beat an Aggravated DUI Charge?

While it’s not always possible to beat an aggravated DUI charge, common defenses include:

• Challenging the stop: If the officer lacked probable cause for pulling you over, any evidence obtained afterward may be inadmissible.
• Disputing BAC results: Breathalyzers and blood tests are not foolproof. Issues with calibration, maintenance, or administration can be challenged.
• Questioning the field sobriety tests: These tests are often subjective and can be influenced by factors like fatigue, injury, age, weather, or uneven terrain.
• Proving lack of aggravating factors: If you can demonstrate that no children were in the car, the BAC level was below the aggravation threshold, or you weren’t at fault for a crash, you may be able to reduce or dismiss the charge.
• Negotiating a plea deal: In some cases, negotiating with the prosecutor can result in lesser charges or alternative sentencing options, like diversion programs.

DUI attorneys can assess the facts of your case and determine the best course of action.

Why Do I Need a DUI Attorney?

If you’re facing an aggravated DUI charge, representing yourself is risky. Knowledgeable DUI attorneys can:

• Analyze evidence: Lawyers can review police reports, BAC test results, and body camera footage to identify weaknesses in the prosecution’s case.
• Negotiate with the prosecution: Lawyers can work with prosecutors to reduce your charges, minimize penalties, or seek alternative sentencing options.
• Represent you in court: Attorneys can advocate for you in court and present a strong defense on your behalf.
• Provide guidance: Lawyers can explain your options, keep you informed about your case status, and help you make strategic decisions.

Call a DUI Lawyer Today

An aggravated DUI charge can have devastating consequences, but you don’t have to fight it alone. NextLaw has extensive experience with DUI cases, and our lead attorney, Dan Gerl, has fought for the rights of thousands of residents of Washington State.

Have you been charged with an aggravated DUI? Call Dan Next for a free consultation.