An aggravated DUI is a DUI with “aggravating circumstances” that occur at the time of the arrest. Aggravating factors have a negative impact and make a crime more egregious. These aggravating influences may include:
- Getting a DUI while your license is suspended, canceled, or revoked due to a prior DUI or similar offense
- Having an alcohol concentration of .16 or higher
- Refusing a breath sample and having a suspended, canceled, or revoked license
- Already being ordered to operate any vehicle with an ignition interlock device
Sentence for an Aggravated DUI
If you are found guilty of driving while under the influence with any of the above aggravating factors, the judge may impose the maximum DUI sentence under the sentencing guidelines for an aggravated offense. The sentence for an Aggravated Dui increases significantly if it is a repeat conviction.
A person convicted of a first violation of the offense of aggravated driving under the influence is harsher than a standard DUI and includes:
- A fine of $1,000, except if one or more passengers are under the age of 16, a fine of $2,000
- Imprisonment for not less than 2 days or more than 1 year, except if one or more passengers under the age of 16 were in the vehicle at the time of the offense, a term for not less than 4 consecutive days
A person convicted of a second violation of the offense of aggravated driving:
- A fine of $2,500, except if one or more passengers are under the age of 16, a fine of $5,000
- Imprisonment for not less than 15 days or more than 1 year, except if one or more passengers under the age of 16 were in the vehicle at the time of the offense, a term for not less than 45 days
A person convicted of a third violation of the offense of aggravated driving:
- A fine of $5,000, except if one or more passengers are under the age of 16, a fine of $10,000
- Imprisonment for not less than 40 consecutive days or more than 1 year, except if one or more passengers under the age of 16 were in the vehicle at the time of the offense, a term for not less than 90 consecutive days
Here at Ryan Holloway & Miller, we are experts in both standard DUI cases and Aggravated DUI cases. If you find yourself in this situation, call (406) 542-2233 to get in touch with our experienced attorneys.
Sources relied on: MCA 61-8-1001; MCA 61-8-1002; and MCA 61-8-1007
