Enhanced Penalties

Depending on the circumstances of your DUI, there are some enhanced penalties that can be applied.

Vehicular Assault:

If a serious injury is caused to another individual as a direct result of your impaired driving, a class D felony charge of ‘Vehicular Assault’ can be given. This carries a $5000 fine, up to 5 years license revocation and 2 to 12 years in prison.

Vehicular Homicide:

If your impaired driving kills another person you can be charged with the class B felony Vehicular Homicide. This carries a 8 to 30 year prison sentence, $25,000 fine and license revocation for 3 to 10 years.

Aggravated Vehicular Homicide:

If you kill someone while driving under the influence and you have at least two prior DUIs, vehicular assaults or a prior vehicular homicide then you can be charged with Aggravated Vehicular Homicide. This is a class A felony and carries a $50,000 fine and 15 to 60 years of jail time.

Enhanced penalties can also be applied if you get a DUI while a child under the age of 18 years is in the vehicle. Even a first-time offense in which the child is not injured can carry the enhanced penalties of a minimum 30 days in jail and a $1000 fine. This rises to a class D felony if the child is injured and a class B felony if the child dies. The sentencing for these will be determined on a case by case basis depending on criminal history, circumstances of the DUI and the injuries sustained by the child.

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