What is an Aggravated DUI?
A regular DUI charge in Tennessee is serious enough, but when certain aggravating factors are present, the charges become even more severe. An aggravated DUI represents a heightened form of driving under the influence that carries harsher penalties and longer-lasting consequences. For Tennessee residents, knowing what elevates a standard DUI to an aggravated offense can mean the difference between a manageable legal situation and one that permanently alters your life. Read on to understand what an aggravated DUI in Tennessee is.
When Does a DUI Become Aggravated?
Tennessee law recognizes several circumstances that can transform a standard DUI into an aggravated offense. The most common factor involves your blood alcohol concentration (BAC) level at the time of arrest. Recent changes to Tennessee law have lowered the minimum BAC for aggravated vehicular charges from 0.20 to 0.15%, making it easier for prosecutors to pursue these enhanced charges.
Another significant factor that triggers aggravated DUI charges is when your impaired driving causes bodily injury to another person. This transforms the offense into vehicular assault, which carries felony-level penalties. The presence of passengers under 18 years old in your vehicle at the time of the DUI arrest also serves as an aggravating factor under Tennessee law.
Prior DUI convictions on your record automatically enhance any new DUI charges. Even if your current BAC level falls below the aggravated threshold, previous convictions can still result in enhanced penalties that mirror those of an aggravated DUI.
Enhanced Penalties for Aggravated DUI
The penalties for aggravated DUI in Tennessee are substantially more severe than those for a standard DUI conviction. When your BAC reaches 0.20% or higher, you face a mandatory minimum of seven days in jail, compared to the standard 48-hour minimum for regular DUI offenses.
Financial consequences also increase dramatically. Fines for aggravated DUI can reach up to $50,000 for aggravated vehicular assault, which is classified as a Class A felony. This represents a massive jump from the $350 to $1,500 range for first-time standard DUI offenses.
License suspension periods extend significantly for aggravated DUI convictions. If a crash results in death, your driver’s license faces revocation for five years under Tennessee’s most aggravated drunk driving law. This lengthy suspension can devastate your ability to work, attend school, or maintain family responsibilities.
The Serious Nature of Vehicular Assault and Homicide
When impaired driving causes injury or death to another person, the charges escalate to vehicular assault or vehicular homicide. Vehicular assault is classified as a Class C felony, punishable by imprisonment for up to 15 years and/or a maximum fine of $15,000. These charges represent some of the most serious DUI-related offenses in Tennessee.
Vehicular homicide charges apply when someone dies as a result of impaired driving. The penalties for this offense can include decades in prison and represent a life-altering conviction that follows you permanently. These charges often involve additional factors such as:
- Previous DUI convictions
- Extremely high BAC levels at the time of the incident
- Reckless driving behaviors combined with impairment
- Fleeing the scene of the accident
Contact Us Today
Aggravated DUI charges in Tennessee carry consequences that can permanently alter your life. The combination of mandatory jail time, substantial fines, extended license suspensions, and potential felony convictions makes these charges among the most serious you can face. If you are confronting aggravated DUI charges in Tennessee, do not face them alone. Contact the Law Offices of Josh T. Crain at (615) 285-6487 for experienced legal representation to help protect your rights and future.