Aggravating Factors for DWI Charges
Brazos County DWI Lawyers Can Help You Understand DWI Aggravating Circumstances
Several circumstances may aggravate the seriousness of a DWI. If the chemical test registered 0.15 or higher, that fact may increase the potential punishment. Prior DWI convictions are aggravating factors, as well. If a person has any prior convictions, those may enhance the possible penalties in the case. Furthermore, if the prosecutor can prove someone has two, or more, prior DWI convictions, they can be charged with a DWI felony offense. In that case, they may face potential prison time. Brazos County DWI lawyers can help you sort through these difficult circumstances.
Other possible aggravating circumstances that come into play may include whether or not there was an accident, or whether or not there were any injuries caused by the intoxicated driver. Also, how a person interacts with the police, hospital staff, and jailers during the contact could cause problems. Additionally, underage passengers (less than 15 years old) can turn a misdemeanor DWI into a felony charge. Further, if a person possesses a concealed handgun license and they possess their weapon in the car while they’re driving while intoxicated, the person can be charged with unlawfully carrying a weapon, which is another misdemeanor offense. I’ve seen this happen on a number of occasions.
Lastly, a prior criminal arrest record of any kind may affect the defense of a DWI since a prosecutor will take a criminal record into account when they evaluate their case. A prior alcohol related offense, even public intoxication, may have a very serious impact upon the defense because prosecutors can use prior convictions to enhance punishment in the current case. Prosecutors will always consider priors when they communicate plea offers to Brazos County DWI lawyers in a DWI prosecution.
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