Normal DWIs already come with severe punishments, but some situations can bring about enhanced penalties that rise above and beyond the average sentence. The presence of aggravating factors in a DWI case may result in these penalties by elevating charges or by increasing the sentencing range. Below are examples of situations that may lead to aggravated DWI charges and enhanced penalties.
High BAC
All jurisdictions have a legal limit for BAC; it’s usually .08%. Laws presume that a person driving with a .08+ BAC is guilty of DWI. When testing reveals that a driver has a high BAC-;usually twice the legal limit or more-;the case becomes an aggravated DWI and the offense carries the potential of high fines and a longer sentence.
Minors Being Present
The presence of a minor in the car when a DWI occurs can result in enhanced charges. The age of the minor can differ depending on jurisdiction. For instance, some areas require that the minor be under 16 while others set the age at 12. In some places, DWI penalties increase if the offense happens in a school zone, whether or not a minor was in the vehicle.
Prior DWI Convictions
Courts can give a longer sentence if a driver has prior DWI convictions, even if those occurred in another state. Most states mete out more severe punishments to a repeat offender to discourage them from driving drunk after an initial conviction. Depending on the jurisdiction the penalty system may be different, and an offender should call a DWI Lawyer in Carmel NY for specific advice.
High Speed
The state may charge a defendant with high speed and DWI. In some areas, if the driver exceeds the posted speed limit by a set amount, DWI charges can be elevated. For instance, if the defendant was driving 20 mph over the limit, they may face a longer sentence than if they’d been driving slower.
If a person is arrested for driving while intoxicated, they need a DWI Lawyer in Carmel NY. Spain & Spain PC can evaluate all evidence, including the methodology and results of chemical and field sobriety tests, to protect the client’s rights.
