Driving under the influence (DUI) charges are among the most common criminal violations prosecuted in Kentucky. People from all different demographics can make mistakes that lead who DUI charges. The penalties that the courts may impose after a guilty plea or conviction depend on the details of the situation. For example, someone’s prior driving record may influence the penalties the courts impose.
There are also certain aggravating factors that could lead to more serious charges. Kentucky prosecutors can sometimes bring aggravated charges that carry a higher minimum mandatory jail sentence than standard DUI charges. The following are the six most common factors that may lead to aggravated DUI charges.
An extremely high alcohol level
The one aggravating factor many people already know has to do with blood alcohol concentration (BAC). Someone’s BAC can put them at risk of arrest even if their driving is normal once it reaches 0.08%. Those with a BAC of 0.15% or higher could be at risk of aggravated DUI charges and therefore more serious penalties.
The presence of a child
If the allegedly intoxicated motorist has an underage passenger in the vehicle, that can serve as an aggravating factor. Passengers who are under the age of 12 can worsen DUI charges.
Excessive speed
Alcohol intoxication increases someone’s overall risk of a crash. Speed can also contribute to collision risk. Someone operating a vehicle at 30 miles per hour (mph) or more over the speed limit could face aggravated DUI charges because of the combination of risk factors.
Driving in the wrong direction
Motorists might enter a limited-access highway while under the influence. If they travel in the wrong direction, that can lead to aggravated DUI charges.
Refusing a chemical test
Once a police officer has grounds to arrest someone, they also have reason to request a chemical breath test. If the driver refuses to perform a chemical test, that can lead to aggravated DUI charges and possibly also a longer suspension of their driver’s license.
Causing a crash that injures others
The final aggravating factor for DUI charges relates to causing injury or death to other people. If an impaired driver causes a crash where someone else gets hurt or dies, they may be at risk of aggravated DUI charges.
The enhanced penalties and more serious criminal record associated with aggravated DUI charges can make entering a guilty plea a dangerous choice. Choosing to fight aggravated DUI charges successfully can help people avoid the penalties the courts might otherwise impose.