Driving while intoxicated (DWI) charges are among the most serious of all traffic violations. Despite how significant they are, many people treat DWI charges as minor issues. They plead guilty without looking at their defense options. They expect that their criminal record may have minimal impact on their future opportunities.
In reality, DWI offenses can carry harsh penalties. A record that shows a history of drunk driving could limit an individual’s future opportunities. Particularly when the state pursues more serious charges because of aggravating factors, a DWI could have a major impact on an individual’s career, education and overall life. For example, the three aggravating factors below could result in more serious criminal charges or harsher penalties for a driver.
Particularly high alcohol levels
The state can prosecute anyone with a blood alcohol concentration (BAC) over the legal limit. Drivers are vulnerable to prosecution once their BAC reaches 0.08% in most cases. However, those who go well beyond that threshold may face enhanced charges or penalties. Test results showing a BAC of 0.15% or higher could aggravate the DWI case. A first DWI conviction usually carries a maximum sentence of up to 180 days in jail and $2,000 in fines. Those with a BAC of 0.15% or higher could face up to a year in jail and $4,000 in fines.
Causing harm to others
In some situations, prosecutors pursue alternate charges rather than a standard DWI. They may pursue specialized felony charges against those accused of causing collisions while under the influence. Drivers who cause injury to others could face intoxication assault charges. Those who cause fatal crashes could face intoxication manslaughter charges.
The contents of the vehicle
What police officers find inside a vehicle when they stop a driver can affect a DWI case. If there are children under the age of 15 in the vehicle, that could lead to felony charges related to child endangerment. If police officers find open containers of alcohol, that can lead to secondary charges. The driver could face two separate misdemeanor offenses for a single incident.
Reviewing the circumstances that led to a DWI arrest with a skilled legal team can help people understand the penalties they may face and explore their defense options. Those facing DWI charges complicated by aggravating factors may have extra incentive to fight back in criminal court.