A person convicted of an aggravated drinking and driving offense is guilty of a class four felony. Either driving under the influence or driving with a blood alcohol content of .08 or more will be considered an aggravated offense if it is committed while the person’s license is suspended, canceled, revoked, refused, or restricted, and the State can prove that the person knew the status of his driving privileges. 

Likewise, if a person has been previously convicted of two prior drinking and driving offenses, with all these offenses occurring within sixty months, then the third conviction will result in an aggravated sentence. The dates of commission of the offenses are the dispositive dates in determining the sixty month period.