Driving under the influence (DUI) charges can have serious legal and personal consequences. However, when certain circumstances are present, known as aggravating factors, the consequences may be even more severe. These factors can lead to enhanced penalties, additional charges, or longer license suspensions. Understanding what these aggravating elements are and how they can affect a case is important for anyone facing a DUI charge.

A DUI defense lawyer can play a critical role in challenging the evidence and the circumstances surrounding these factors. Whether questioning the accuracy of a breath test or examining the details of an accident report, a defense attorney may be able to identify weaknesses in the prosecution’s case. While the specific laws and penalties in DUI cases differ from state to state, the strategies that an attorney may use to challenge these charges tend to be very similar across jurisdictions.

High BAC DUI

One of the most common aggravating circumstances is a blood alcohol concentration (BAC) that is significantly higher than the legal limit. A high BAC often leads to harsher penalties because it suggests a greater level of impairment and risk to public safety. Many states impose enhanced punishments for drivers whose BAC is double the legal threshold or more. These penalties may include longer license suspensions, increased fines, mandatory alcohol education programs, or minimum jail sentences.

Despite these challenges, a defense lawyer can explore several potential avenues to contest a high BAC charge. The reliability of breathalyzer and blood testing equipment is a frequent issue in DUI cases. Improper calibration, faulty maintenance, or procedural errors during testing can call the results into question. Additionally, certain medical conditions can produce falsely elevated readings. 

DUI Resulting in Injury or Death

A DUI that results in injury or death is usually treated as an especially serious offense. When a crash causes harm to another person, prosecutors may pursue felony charges rather than misdemeanors. These cases can involve lengthy prison sentences, large fines, and permanent license revocation. Civil lawsuits may also follow, as injured parties or their families may seek compensation for damages.

In a DUI case involving injury or death, prosecutors may need to take steps to prove not only that the driver was impaired, but also that their impairment directly caused the accident. Factors such as road conditions, weather, mechanical failure, or the actions of another driver could play a role in these cases. A defense attorney may work with accident reconstruction experts to determine whether intoxication was truly the cause of the crash. Establishing doubt about causation may affect the outcome of the case.

Repeat DUI

When a person has one or more prior DUI convictions, any subsequent charge can result in more severe penalties. Repeat offenses can lead to mandatory jail sentences, longer license suspensions, and other consequences. Courts may require a person to participate in substance abuse treatment programs. Since prior convictions may demonstrate a pattern of behavior, prosecutors and judges tend to impose stricter consequences.

Defense strategies for repeat DUI offenses may involve a more thorough investigation of the facts, since the defendant may not be eligible for the pretrial diversion programs that may be available for some first-time offenders. When contesting a repeat DUI charge, a lawyer may look closely at the initial traffic stop to see if the officer had probable cause, review the results of any chemical and field sobriety tests, and go over the officer’s testimony in detail to spot contradictions or inconsistencies.

DUI With a Child Passenger

Driving under the influence while a child is in the vehicle is viewed as particularly dangerous. Many states impose enhanced penalties or separate charges for DUI with a child passenger, often treating it as a form of child endangerment. Penalties can include mandatory jail time, higher fines, and potential involvement from child protective services.

When developing a defense in these cases, an attorney may take steps to show that the driver’s level of impairment did not reach the legal definition of intoxication or that testing procedures were flawed. Other relevant factors may include whether the driver was aware of their level of impairment or whether the child’s safety was actually compromised. An attorney may show that a person used responsible behavior, such as safely pulling over upon feeling unwell or avoiding dangerous driving maneuvers, which may influence the outcome of a case.

DUI With a Suspended License

Operating a vehicle under the influence while one’s driver’s license is already suspended is another aggravating factor that can significantly increase the potential penalties of a DUI charge. In these situations, a person may face both DUI charges and separate charges for driving with a suspended license. Penalties may include extended license suspension periods, substantial fines, and possible jail time.

A defense attorney can evaluate whether a person was properly notified of a license suspension or whether there were administrative errors in the record. In some cases, a lawyer may be able to challenge the assertion that the defendant was in actual control of the vehicle, or they may argue that a person was charged due to a mistake of fact. Alternatively, a defense attorney could negotiate with the prosecutor to reduce the penalties in exchange for a guilty plea.

Disclaimer: The content provided in this article is for informational purposes only and does not constitute legal advice. Readers facing DUI charges or related legal matters are encouraged to consult with a qualified attorney for guidance specific to their situation.