Aggravated DUI

Pennsylvania law does not have a charge called “aggravated DUI.” Instead, certain facts make a DUI much more serious: a high or highest BAC, refusing a chemical test, prior DUIs, a passenger under 18, an accident that causes injury, or a crash that causes serious injury or death. Depending on the facts, a DUI can move to a higher penalty tier, be graded as a felony, or be charged alongside aggravated assault by vehicle or homicide by vehicle while DUI.

When people search for “aggravated DUI,” they usually mean a DUI with one or more of these aggravating factors. Each one changes the penalties, your eligibility for ARD, and how the case should be defended.

See Pennsylvania DUI penalties for the full penalty table by offense and tier.

Sometimes. A high or even highest BAC does not automatically rule out ARD. Under Pennsylvania law, however, you are generally not eligible for ARD if:

• You had a prior DUI offense within the last 10 years.
• The incident caused death or serious bodily injury to someone else.
• A passenger under 14 was in the vehicle.

Even when you are technically eligible, admission is up to the District Attorney, so how the case is presented early can matter.

Aggravating factors have to be proven just like the DUI itself. A defense often focuses on:

• The BAC result. Whether the blood or breath test was accurate, properly handled, and taken within two hours of driving, which decides the tier.
• The refusal. Whether the warnings were given correctly and whether what happened legally counts as a refusal.
• Causation in a crash. Whether the alcohol or drugs actually caused the accident or injury, rather than another driver, the road, or weather.
• Prior offenses. Whether an older DUI or ARD actually counts as a prior offense within the 10-year lookback.

Justin Panighetti prosecuted DUI cases as an Erie County Assistant District Attorney from 2009 to 2015, so he knows how these factors are proven and where the Commonwealth’s evidence is weakest.