Charges of driving while intoxicated and driving while intoxicated are very serious, and the law uses such cases to set an example. Penalties and laws surrounding such charges vary from state to state, as do potential enhancements that can increase the severity of charges.
Possible improvements
Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or more, driving under the influence with a minor as a passenger, driving under the influence causing bodily injury to another person, and drunk driving causing the death of another person. Below is a brief description of the most common types of drunk driving charges in the United States.
Aggravated DUI
An aggravated DUI is any average DUI charge, but with enhancements. See the improvement examples above. Aggravated DUI charges are the same as felony DUI charges, which is the term used in most states. Additional aggravated DUI offenses include DUI in a school zone, operating a school bus under the influence of drugs or alcohol, drunk driving without a valid license, having multiple convictions in a short period of time, and more.
Driving under the influence of drugs (DUID)
Alcohol is not the only substance that can lead to a DUI arrest. Operating a vehicle while under the influence of Schedule I or Schedule II drugs, whether legal or illegal, can result in a DUID charge in most states, which stands for “driving under the influence of drugs.” A police officer can lawfully arrest you on a DUID charge simply based on reasonable suspicion that such drugs are in his system.
DUI accidents
Driving under the influence of drugs or alcohol is a serious offense in itself; but combine it with an accident and the charges get worse. For example, in Indiana, DUI related accidents are labeled as felony DUI charges and come with severe penalties.
DUI Homicide
When DUI accidents end in fatalities, the charges escalate to DUI manslaughter. Although the deaths in these cases are unintentional, the charge still carries very severe penalties in most states. DUI manslaughter is a level 5 felony, which is a very serious charge.
Felony DUI
First offense DUI charges are generally misdemeanors. But with improvements or prior convictions, DUI charges become a felony very quickly. Such factors include multiple convictions, deaths, presence of children, bodily harm, property damage, and more. With the help of a tough defense attorney, felony DUI charges can sometimes be reduced to misdemeanors or misdemeanors.
Misdemeanor DUI
A typical DUI charge is a misdemeanor, unless enhancements are involved or a person has previous DUI convictions within a certain period of time (usually 5-10 years). First-time DUI offenses are Class C misdemeanors, but with BAC levels above 0.15%, they jump to Class A misdemeanors. With the help of an attorney, Level 6 DUI felony offenses are often can reduce to misdemeanor DUI.
DUI for property damage
When a DUI accident ends with property damage, the penalties and fines increase dramatically. A person can expect longer jail time, harsher sentencing agreements, and extreme fines. And while these are considered aggravated DUIs, they are not always charged as felonies. However, if the property damage is extensive, the charge will likely increase to a felony.
underage DUI
Most states have a “per se” position on underage drinking and driving. This means that there is a zero tolerance rule for underage drinking. Anyone under 21, the national legal drinking age, is prohibited from consuming or purchasing alcoholic beverages. Underage drinking is a crime in and of itself, but combined with driving and DUI charges, underage drinkers face serious penalties. Standard penalties include license suspension, jail time, probation, heavy fines, community service, and diversion programs.