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Aggravated DUI Laws: 28-1383

The difference between an Aggravated DUI and any of the DUI Laws that have already been mentioned is that these are felonly DUI offenses due to specific circumstances that are combined with being arrested for a DUI. How high a person's blood alcohol concentration is does not make an Aggravated DUI by itself.

A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

28-1383.A1 -  Commits a  DUI violation while the person's driver license or privilege to drive is suspended, canceled, revoked, refused, or while a restriction is placed on the person's driver license or privilege to drive as a result of a prior DUI violation.

28-1383.A2 - Commits a 3rd or subsequent DUI violation within 84 months. The prior 2 DUI convictions can be from any jurisdiction.

28-1383.A3 - Commits a DUI violation while a person under fifteen years of age is in the vehicle. Typically, there will be a charge for each passenger under 15 years of age and often combined with an Endangerment charge.

28-1383.A4 - Commits a DUI violation while ordered by the court or Motor Vehicle Department to be driving a vehicle equiped with a certified ignition interlock device.

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