An aggravated DUI in Clovis involves circumstances that make a DUI far more serious than a standard DUI. These cases can trigger mandatory jail time, felony charges, and longer-term consequences under California law. Understanding what turns a routine stop into an aggravated DUI is essential for anyone facing charges in Fresno County.

What Is the Difference Between a Standard DUI and an Aggravated DUI?

A typical DUI arrest begins under Vehicle Code § 23152, the law that prohibits driving with a BAC of 0.08% or higher or driving while impaired by alcohol or drugs. Standard first-offense DUI cases usually involve fines, DUI school, probation, and potentially short jail time. They are serious, but the penalties are generally predictable.

An aggravated DUI is different. It involves one or more enhancing factors that make the case more severe in the eyes of the law. These factors can come from the circumstances of the arrest (such as excessive speed or extremely high BAC) or from the consequences of the driver’s actions (such as causing an injury). They can also come from the driver’s history, such as having multiple prior DUIs.

These aggravating factors can:

  • Increase mandatory jail time
  • Lengthen DUI education requirements
  • Turn a misdemeanor into a felony
  • Trigger driver’s license suspension or revocation
  • Create long-term criminal record consequences

This is why an aggravated DUI in Clovis often leads to more complex legal proceedings and higher exposure to penalties. Many of these enhancements are found in the California Vehicle Code, including §§ 23153, 23572, 23577, 23578, and 23582.

High BAC Levels: When Blood Alcohol Concentration Alone Becomes Aggravating

One of the most common aggravating factors is a very high BAC. While 0.08% is the legal limit, California law specifically flags BAC levels significantly higher than that as requiring harsher treatment.

Two key thresholds create aggravation:

BAC of 0.15% or Higher

Under California Vehicle Code § 23578, courts may impose enhanced penalties when a driver’s BAC is 0.15% or higher. For Clovis cases, this often means:

  • Additional jail time
  • Stricter probation terms
  • Longer DUI school (up to 9 months)
  • Higher fines
  • Potential requirement of ignition interlock devices

BAC of 0.20% or Higher

BAC levels at or above 0.20% trigger even more serious consequences, such as:

  • Mandatory 9-month DUI program
  • Higher likelihood of enhanced jail terms
  • Additional license restrictions

Prosecutors often argue that extremely high BAC reflects severe impairment, making them more aggressive in pursuing enhancements. For people unfamiliar with DUI law, these numbers may seem technical, but they are among the most significant factors influencing how a Clovis DUI case is handled.

Excessive Speed and Reckless Driving: When a DUI Becomes Even More Dangerous

California Vehicle Code § 23582 imposes stricter penalties when a DUI involves:

  • Driving 30 mph over the limit on a highway, or
  • Driving 20 mph over the limit on a surface street, and
  • Doing so in a reckless manner

This is a common situation in places like Clovis, where high-speed roadways and open corridors (such as Highway 168 or Herndon Avenue) make speeding more likely.

The enhancement carries:

  • A mandatory minimum 60 days in jail (added to any other jail time)
  • Longer DUI education requirements
  • Potential impact on probation terms

This enhancement often surprises people, especially if there was no accident. But if the officer alleges reckless conduct tied to speed, prosecutors may push for this added penalty.

DUI Causing Injury: When the Charge Becomes a Felony

Some aggravated DUIs involve harm to another person. Under California Vehicle Code § 23153, any DUI that causes bodily injury to someone else can be charged as “DUI Causing Injury.”

This is considered one of the most serious types of DUI cases.

Why This Charge Is So Serious

  • It is a wobbler—prosecutors can file it as a misdemeanor or a felony.
  • Felony DUI causing injury can carry up to four years in state prison.
  • If the victim suffers “great bodily injury,” additional enhancements may apply.
  • A felony conviction can lead to long-term license revocation.
  • Felony DUI convictions carry lifelong consequences, including restrictions on employment and civil rights.

In Clovis, injury-related DUIs often involve collisions at intersections, rear-end crashes, or traffic accidents involving pedestrians or cyclists. Because injury cases carry far greater penalties, they almost always fall into the category of aggravated DUI.

DUI with a Minor in the Vehicle: Protecting Child Passengers

Driving under the influence with a child under age 14 in the car triggers Vehicle Code § 23572, which adds mandatory jail time on top of the sentence for the underlying DUI.

Mandatory additions include:

  • 48 hours for a first DUI
  • 10 days for a second DUI
  • 30 days for a third DUI
  • 90 days for a fourth DUI

This enhancement is mandatory. Judges cannot waive it, even in cases where no harm occurred. In some situations, prosecutors may even add separate child endangerment charges, although this depends on the case facts.

Given the family-oriented nature of Clovis and Fresno County, DUIs involving children are taken extremely seriously by the courts.

Refusing a Chemical Test: When Saying “No” Makes a DUI Worse

California’s implied consent law requires drivers lawfully arrested for DUI to submit to chemical testing. Refusing this test can significantly worsen the case under Vehicle Code § 23577.

Consequences may include:

  • Mandatory additional jail time
  • One-year license suspension for a first refusal
  • Two-year revocation for a second refusal
  • Three-year revocation for a third refusal

Even if the underlying DUI is a first offense, a refusal enhancement can lengthen jail exposure and create complications at the DMV.

Many people mistakenly believe refusing a chemical test helps a DUI case; however, California law treats refusals as an aggravating factor, not a protective measure.

Multiple Prior DUIs: When History Turns a New DUI Into a Felony

California’s “lookback period” for DUI purposes is 10 years. Prior DUI convictions, including “wet reckless” convictions, count toward enhanced penalties.

A new DUI may become aggravated if:

  • The person has two or more prior DUIs
  • The person already has a felony DUI on record
  • The new DUI involves injury along with prior convictions

A fourth DUI within ten years may be charged as a felony, even if there was no injury. That felony exposure makes it significantly more severe than a standard misdemeanor DUI.

For many individuals in Clovis, a new DUI arrest after multiple prior cases becomes one of the most difficult legal challenges they have ever faced.

Why Clovis Sees a High Rate of Aggravated DUIs

Clovis is part of Fresno County, one of the more active DUI enforcement regions in California. Law enforcement agencies routinely conduct holiday crackdowns, weekend saturation patrols, and routine checkpoints.

Several features of Clovis contribute to aggravated DUI arrests:

  • Long, wide roadways with higher speeds
  • Early-morning commute traffic
  • Nightlife areas where officers frequently patrol
  • Seasonal enforcement patterns
  • Population growth leading to increased traffic volume

These factors often result in stops where officers observe speeding, aggressive driving, or other behaviors that can qualify as aggravating factors. Additionally, as awareness campaigns increase, officers are trained to identify signs of impairment more quickly and thoroughly.

Real-World Consequences Beyond the Courtroom

The penalties written in the statute are only the beginning. An aggravated DUI can affect many parts of life, including:

Employment

Many employers—particularly those in education, medical care, commercial driving, and government—conduct regular background checks. An aggravated DUI, especially a felony, can limit job opportunities.

Insurance

Auto insurers categorize high-BAC and injury-related DUIs as high-risk. Premiums can rise sharply, and some insurers may decline to continue coverage.

Professional Licensing

Nurses, teachers, real estate agents, and other licensed professionals may face disciplinary review, mandated counseling, or license restrictions depending on the severity of the DUI and any aggravating conditions.

Immigration

Even though most DUIs do not automatically affect immigration status, DUIs involving injury, minors, or other aggravating circumstances can lead to additional scrutiny during immigration proceedings.

How The Law Office of Brian C. Andritch Helps in Aggravated DUI Cases

The Law Office of Brian C. Andritch brings over 20 years of criminal law experience to DUI defense throughout Clovis and Fresno County. As a former prosecutor, Attorney Brian Andritch understands how aggravated DUIs are charged, how enhancements are applied, and how prosecutors evaluate evidence.

This background is valuable in cases involving:

  • High BAC allegations
  • Chemical test refusals
  • Injury or accident-related DUIs
  • Minor passengers
  • Excessive speed or reckless driving
  • Prior DUI convictions

Aggravated DUIs are not handled the same way as routine first-offense cases. They often require examining the legality of the stop, the accuracy of chemical tests, the reliability of officer observations, and the specific facts alleged under each enhancement.

Get Experienced Help for an Aggravated DUI in Clovis

Aggravated DUI charges are complex, high-stakes, and often overwhelming. Whether the case involves a high BAC, injury, a child in the car, or prior convictions, the consequences can affect your freedom, your license, your employment, and your future. The Law Office of Brian C. Andritch is committed to helping individuals understand their options, protect their rights, and navigate every stage of the criminal process.

If you or someone you know is facing an aggravated DUI in Clovis, reach out today at (559) 785-2372. The sooner you speak with a knowledgeable Fresno DUI defense attorney, the better prepared you will be to address the challenges ahead with confidence and clarity.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.