Aggravated Driving Under the Influence
Title 28-1383: Aggravated Driving Under the Influence
A person is guilty of aggravated driving or actual physical control while under the influence of an intoxicating liquor or drugs if the person does any of the following:
Commits a violation of section 28-1381 or 28-1382 or this section while the person's driver license or privilege to drive is cancelled, suspended, revoked, or refused while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381, 28-1382, or under 28-1385.
Within a period of sixty months (5 years) commits a third or subsequent violation of section 28-1381, 28-1382, or this section.
Commits a violation of 28-1381 or 28-1382 while a person under 15 years of age is in the vehicle. A conviction of Aggravated DUI is considered a felony conviction.