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Factors that can Enhance or Aggravate a DUI / DWI charge
Legal
1 year ago

People driving under the influence or driving while intoxicated have to face a lot of penalties. To add to a DUI/DWI charge, there are many factors that can aggravate these charges for you and which may add to your penalties, resulting in a more serious crime. Depending on which state you live in, this may not need many factors but a single factor can also act very seriously against you. Here are the few factors that everyone should know that can aggravate a DUI/DWI charge so they might be careful every time they are driving. These factors not just harm the families emotionally, but sometimes they make them financially helpless as they may have to give heavy fines.

Higher BAC Levels

In more cases, what actually enhances a DUI/DWI charge is if the BAC (Blood Alcohol Concentration) is higher than 0.08%, which is a relatively very high percentage and you must be very much intoxicated to get a 0.08% or more. However, many people appear to be sober even with a BAC of 0.08%or close. With BAC levels more than 0.15, which is almost twice the level of BAC which is considered as legal, this offense then moves into the domain of an aggravated DUI. Likewise, the offense conveys the confirmation of more jail time along with higher fines and penalties.

Declining any Tests

When pulled over by a police, people tend to decline any tests that would help determine if they were driving under the influence or while intoxicated. This aggravates the punishments, especially when the blood test is declined because that would have made sure the suspicion police pulled someone over for was actually true. Police is then clear about their doubts and they take serious actions against them. Therefore, avoiding any tests can make DUI/DWI a serious offense too.

History of DUI/DWI

Another factor that can possibly aggravate a DUI/DWI charge easily is if the offender has a past history of DUI/DWI. This actually comes under extremely genuine aggravating factors if the person has had a past DWI within the previous ten years, which is presently viewed as a crime. Similarly, if someone is a routine DWI offender, they can end up going to state jail for timeframes estimated in years, not just days or months. A first time DUI offense generally brings a minimum fine of $500, six months in jail, and a six month driver’s license suspension. A second DUI offense involves the same penalties with doubled fine. A third DUI offense that occurs within 10 years carries a minimum of 30 days in jail along with a 10 year license suspension. These penalties and fines vary from state to state.

Child or minor in the Vehicle

There is additionally a higher charge in the event that you are driving with a child or youngster in the vehicle beside you and are caught for DWI. This is considered a serious felony and the offender will get to serve state jail time. Moreover, under any conditions, they would be classified as a criminal, and that would be all that it involves around then. Driving with a minor in your car can lead you to more serious felonies and penalties. Sometimes, if the child is not in the car and you are driving under intoxicated inside a child zone, the same penalties will apply. For instance, some states consider it a felony if you are driving intoxicated around a school or a park for minors.

Driving on a Cancelled or Suspended Driving License

People diving under the influence have to go through a lot more tests when caught when caught and are required to pay heavy penalties and fines. One of the hard things that they have to face is a revoked or cancelled license. Once their driving permit is cancelled due to DUI/DWI, getting it again is not going to be that easy. Once your record gets bad, every time you are pulled over by a police officer, you get to give proper clarifications or make it obvious that you are clean this time. This rule depends on the state you live in as every state has different set of rules for revoked and suspended licenses. Getting caught for DUI with a cancelled or suspended license means serious trouble is on your way.

Over speeding and Accidents

Another aggravated serious factor of DUI/DWI is over speeding and the accidents involved in it. If by any chance someone drives with a BAC of 0.8% or more and gets engaged with a mishap that results in real injuries or even death, then the individual can be seriously charged and it is considered as a serious crime. It doesn't make a difference whether the individual hurt is the one driving the vehicle or a traveler because the punishment for the accident will still be the same as the cause of the injury was DUI.

A state can accuse a DUI offender with over speeding, notwithstanding DUI. In a few states, if a man surpasses as far as possible by a specific sum, it might likewise bring about an aggravated DUI/DWI charge. For instance, if police estimated a DUI respondent driving 30 miles for every hour over the posted speed limit, the accuser could confront a considerably higher sentence than they would on the off chance that they had driven 10 miles for each hour over as far as possible. The punishments likewise are harder and jail time is longer too.

These factors and potential penalties vary from state to state. Nevertheless, it’s important for people facing DUI/ DWI charges to look closely at the laws of the state that have brought the charges and try seeking help from a professional attorney at the end of the day as they can save them a lot of time and money.

A first offense DUI carries a minimum fine of $500, six months in jail, along with a six month driver’s license suspension. A second DUI offense involves the same penalties as in the case of a first time DUI, but the fine is doubled. If it is a second offense within five years, then there is a five year license suspension, a minimum of 10 days in jail. A third offense DUI that occurs within 10 years of prior DUIs carries a minimum of 30 days in jail, along with a 10 year license suspension. The fine doubles again to a $2000 minimum. A fourth DUI will land you in felony court, where they can send you to prison for up to five years. The penalties get incrementally worse as time goes on. These penalties vary from state to state and legal help should be sought from a professional attorney.

Author Bio:

Attorney Rhonda Ross is one of the top rated Harris County Mediation Lawyers. Call (281) 845-9330 to speak with a Mediation Attorney in Houston, TX.