Understanding the DUI Charges

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: When someone is arrested and charged with DUI what are the charges they face? It’s not just one charge, right? Are they charged with multiple infractions?

Acacia Law: Under the 1381A1 there are three sub-sections alone. There’s driving under the influence where you’re impaired to the slightest degree, which is A1. A2 is having a BAC of 0.08 or higher. A3 is impairment by drugs or vapors or some combination thereof. Then there are the other DUIs; the extreme DUIs, the super extreme DUIs and then you get into the felony DUIs, which are aggravated DUIs. These charges result from either from having two plus DUI convictions within a 7-year period or driving while your license is cancelled, suspended or revoked and being under the influence.

There’s also a separate aggravated DUI if the person has children in the vehicle, even if it’s just a normal regular DUI, if they have persons in the vehicle that, I believe, are under the age of 16 it makes it a felony. I believe it’s a class six felony not a class four. There are various sub-sections. Those are the main ones though.

A High Blood Alcohol Level Can Upgrade Your DUI Charge

Interviewer: Some of the aggravating factors for DUI you said are children in the car, one or two previous convictions in the past seven years. What about the blood alcohol level? What level constitutes a regular DUI versus an extreme versus super extreme?

Acacia Law: I believe currently it’s 0.08 regular, 0.15 extreme, 0.2 super extreme.

Interviewer: The penalties get far worse as you go up the scale, right?

Acacia Law: Yes, that is correct.