It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration (BAC) above the legal limit. Drivers arrested for DUI may face penalties such as a suspended license, fines, and even jail time. In some situations a driver may face a more serious charge called an aggravated DUI. For example, if a driver is convicted of a second DUI within a specified time period, they are operating their car without a valid license, they do not have car insurance, they are speeding, they cause a serious accident, their BAC is high or they refuse to submit to a BAC test they may be charged with the heightened charged of aggravated DUI.
Drivers charged with an aggravated DUI can face different penalties then they would face for a typical DUI charge. Some aggravated DUI charges can be elevated to a felony charge and result in extended prison terms.
Keep in mind, each jurisdiction has unique laws for determining whether an aggravated DUI is a misdemeanor or a felony. In some states, such as Kentucky, aggravating factors only enhance minimum jail sentences, not fines, fees and license suspensions. Some plea agreements are offered to eliminate aggravating charges.
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