AGGRAVATED DUI CASES
Aggravated DUI Cases
Class of Driver
As noted above, the penalties can be increased depending on a driver’s status. Drivers under 21 years old, and school bus drivers and commercial truck drivers face more sever DUI penalties. They are subject to at least the middle tier of DUI penalties and increased license suspensions.
As explained above, DUI refusals are penalized at the highest DUI tier and include additional license suspensions.
DUI with Minor Passenger(s)
DUI with a passenger under 18 years old are graded as misdemeanors of the first degree. Accordingly, they have a five (5) year maximum, an OGS of 5, and include an 18-month license suspension. They also face increased fines.
Further, these cases often include additional charges such as Endangering the Welfare of a Child and/or Recklessly Endangering Another Person.
DUI with Property Damage
DUI convictions that involve a crash with any property damage are subject to at least the middle tier of DUI penalties.
DUI Accidents with Injuries
DUI convictions that include a crash with bodily injury, serious bodily injury or death of any person are graded as (at least) a misdemeanor of the first degree.
Aggravated Assault by Vehicle while DUI
A DUI that results in serious bodily injury to another person, as the result of the DUI, may be charged with Aggravated Assault by Vehicle while DUI, which is graded as a felony of the second degree.
Homicide by Vehicle while DUI
A DUI that causes a death is graded as a felony of the second degree when the violation is the cause of death. There is a three (3) year mandatory minimum sentence for each death caused by the DUI. This means that a consecutive three-year term of imprisonment must be imposed for each victim whose death is the result of the DUI violation.
Fleeing or Eluding while DUI
Fleeing or attempting to elude an officer while DUI is graded as a felony of the third degree.
DUI Offenders with Elevated PRS
As discussed above, a DUI offender with a high PRS may face a term of imprisonment greater than the mandatory minimum DUI penalty.