Driving while intoxicated (DWI) charges can be the result of a crash or a one-on-one traffic stop. If police officers see a driver behaving in an impaired fashion or if a motorist fails chemical testing, then the motorist could end up facing DWI charges.
Many people expect to face basic misdemeanor charges when accused of an impaired driving offense. However, not all drunk driving charges are misdemeanors. Sometimes, the situation justifies more serious charges and harsher penalties. Frequently, the presence of secondary factors can lead to enhanced charges or the worst penalties possible.
What aggravating factors may complicate a Texas DWI?
Causing harm to others
Intoxication can increase the likelihood of a motorist causing a crash. Those involved in collisions may be at elevated risk of felony charges. In scenarios where one driver causes injury or death to other people, the state can pursue intoxication assault or intoxication manslaughter charges against the driver.
Getting arrested repeatedly
Basic DWI charges are often misdemeanors, but they can lead to more serious charges in penalties in some cases. Especially in scenarios where drivers have multiple prior offenses on their record, even a technical DWI charge could result in felony charges. Drivers with two or more prior DWI convictions may face more serious charges and elevated penalties.
Driving with child passengers
Adults can often tell when another person is under the influence. They have the option of making their own choices regarding transportation. Children do not always have that luxury. They lack the insight to identify intoxicated people and may not be able to refuse the instructions of a parent or caregiver. When there is a child under the age of 15 in the vehicle, the state may pursue felony charges.
Having a very high alcohol level
The technical limit for a driver’s blood alcohol concentration (BAC) is 0.08%. Anyone over that limit while driving is at risk of arrest. Those with test results showing a BAC of 0.15% or higher could face enhanced penalties.
Understanding the factors that influence the charges the state pursues and the penalties the courts may impose can help people decide how to respond to DWI charges. The presence of any aggravating factors can make fighting charges more important.